- 51 - Schedule K-1 is irrelevant to the issue of whether they were required to file their returns on time. Furthermore, even if the advice had provided a reasonable cause for not filing on time, the memorandum containing the written advice was dated October 9, 1998, almost two months after petitioners were required to file their 1997 return. Thus, it is unlikely that petitioners actually relied upon any legal advice when making the decision not to file their 1997 tax return on time. See Estate of Hinz v. Commissioner, T.C. Memo. 2000-6. Accordingly, we find that petitioners did not have reasonable cause for failure to file their 1997 and 1999 income tax returns on time and therefore sustain respondent’s determination that petitioners are liable for the additions to tax under section 6651(a)(1). To reflect the foregoing and concessions of the parties, Decision will be entered under Rule 155.Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51Last modified: March 27, 2008