Joseph D. & Elizabeth M. Dunne - Page 51




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          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.                          

















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