Mila Alemasov and Victor Popov - Page 20




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          the addition to tax for failure to file a timely return is                  
          appropriate.                                                                
               Section 6213(a) prohibits assessment of a deficiency during            
          the period within which a taxpayer may petition this Court for a            
          review of that deficiency.  Additionally, once a petition has               
          been filed with this Court for review of a deficiency, assessment           
          of that deficiency is prohibited until this Court’s decision has            
          become final.  Id.  A review of the record suggests that                    
          respondent abated the section 6651(a)(1) addition to tax because            
          assessment was premature and in violation of the strictures of              
          section 6213(a), not because the Appeals Office conceded the                
          addition to tax.                                                            
               Petitioners explained that they requested an additional                
          extension of time to file because they had not yet compiled the             
          information necessary to accurately file their return for the               
          year at issue.  The unavailability of records does not, however,            
          establish reasonable cause for failure to file a return timely.             
          See Elec. & Neon, Inc. v. Commissioner, 56 T.C. 1324, 1342-1344             
          (1971), affd. without published opinion 496 F.2d 876 (5th Cir.              
          1974); see also Ruddel v. Commissioner, T.C. Memo. 1996-125.                
          Moreover, petitioners failed to establish what records were                 
          unavailable, and the record does not indicate that they attempted           
          to obtain the information necessary to prepare their 2002 return            
          from other sources.  See Crocker v. Commissioner, 92 T.C. 899,              







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