- 29 - “[W]illful neglect” is interpreted as “a conscious, intentional failure or reckless indifference.” United States v. Boyle, supra at 245. Reasonable cause denotes an absence of fault. United States v. Boyle, supra at 247 n.4. A taxpayer must prove that his failure to file timely was the “result neither of carelessness, reckless indifference, nor intentional failure.” Id. “Generally, factors that constitute ‘reasonable cause’ include unavoidable postal delays, death or serious illness of the taxpayer or a member of his immediate family, or reliance on the mistaken legal opinion of a competent tax advisor, lawyer, or accountant that it was not necessary to file a return.” Marrin v. Commissioner, 147 F.3d 147, 152 (2d Cir. 1998), affg. T.C. Memo. 1997-24. While the Court is sympathetic that Mr. Wright suffered health complications, all of these complications occurred after the years in issue. Mr. Wright had a stroke in 2003 and sought treatment for memory loss in 2005. Petitioners have not shown reasonable cause for filing their 1999 and 2000 tax returns late. The Court concludes that petitioners are liable for the addition to tax pursuant to section 6651(a)(1) forPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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