- 13 - While we recognize petitioner’s mental health difficulties had some impact on his day-to-day life, petitioner employed the same accountant for more than 20 years. In fact, he testified that his practice was to put all his papers into an envelope and deliver the envelope to his accountant who then prepared his returns. Petitioner did not explain how his disability prevented him from doing this for the taxable year in issue or how his disability was so incapacitating as to prevent the exercise of ordinary business care. On the basis of the record before us, we therefore conclude that petitioner did not demonstrate that his failure to timely file a return was because of reasonable cause and not willful neglect. See sec. 301.6651-1(c), Proced. & Admin. Regs. Accordingly, petitioner is liable for the addition to tax under section 6651(a)(1) for 2002. 2. Late Payment Section 6651(a)(2) imposes an addition to tax for failure to pay the amount shown as tax on the return on or before the date prescribed for payment of that tax, unless the failure was because of reasonable cause and not willful neglect. Sec. 301.6651-1(c)(1), Proced. & Admin. Regs. Petitioner may demonstrate reasonable cause for late payment by showing that he exercised ordinary business care and prudence in providing for payment of his tax liability and was nevertheless either unablePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007