Bidyut K. Bhattacharyya and Diana T. Bhattacharyya - Page 34

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          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.               




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