-15- material respects. Under the circumstances presented here, we are not required to, and generally do not, rely on petitioners’ testimony. See Lerch v. Commissioner, 877 F.2d at 631-632; Geiger v. Commissioner, 440 F.2d at 689-690; Tokarski v. Commissioner, 87 T.C. at 77. Petitioners did not call any medical professionals as witnesses to testify about Mr. Arnold’s health. We infer that such testimony would not have been favorable to petitioners. See Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947). During the same period Mr. Arnold was supposedly too ill to timely file petitioners’ 2003 return, Mr. Arnold worked as a return preparer, went to his office, and oversaw the preparation of tax returns. Additionally, during the same period of Mr. Arnold’s alleged illness or incapacity, petitioners timely filed their 2002 return. Furthermore, there is no credible evidence that Mrs. Arnold could not have timely filed petitioners’ 2003 return (or a separate return for herself for 2003). Having had the opportunity to observe petitioners, we find their claim not credible. Petitioners’ failure to file was not due to reasonable cause; it was due to willful neglect. Accordingly, we sustain respondent’s determination that petitioners are liable for the addition to tax pursuant to section 6651(a)(1) for 2003.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007