Edward W. and Edith M. Arnold - Page 15




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         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.                                                 







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