- 34 - reasonable cause, petitioners must show that they “exercised ordinary business care and prudence and [were] nevertheless unable to file the return within the prescribed time”. Sec. 301.6651-1(c)(1), Proced. & Admin. Regs. For illness or incapacity to constitute reasonable cause, petitioners must show that they were incapacitated to a degree that they could not file their returns. Williams v. Commissioner, 16 T.C. 893, 905-906 (1951); see, e.g., Joseph v. Commissioner, T.C. Memo. 2003-19 (“Illness or incapacity may constitute reasonable cause if the taxpayer establishes that he was so ill that he was unable to file.”). Petitioners argue that their failure to file was due to reasonable cause because petitioner was sick and because their return preparer had a brain tumor. Petitioners have not introduced any evidence to corroborate these allegations, nor have they explained how long petitioner was sick, how serious his illness was, why Mrs. Bhattacharyya was unable to fulfill petitioners’ filing obligations, or why they were unable to find another return preparer. We find that petitioners did not have reasonable cause for their failure to file timely. Therefore, we 19(...continued) the record shows that petitioners are liable for an increased deficiency. See Howard v. Commissioner, T.C. Memo. 2005-144.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011