- 20 - 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,Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 10, 2007