2003 Tax Ct. Summary LEXIS 44">*44 PURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b), THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE.
POWELL, Special Trial Judge: This case was heard pursuant to the provisions of
Respondent determined a deficiency and additions to tax in petitioner's 1996 Federal income tax as follows:
Additions to Tax1
2003 Tax Ct. Summary LEXIS 44">*45 ________________________________________________
Year Deficiency
____ __________ _______________ _______________ ____________
1996 $ 16,310 $ 3,046 $ 3,249 $ 704
FOOTNOTE TO TABLE
n1The following figures are rounded to the nearest dollar.
END OF FOOTNOTE TO TABLE
After concessions,2 the issues are whether petitioner is (1) liable for the addition to tax under
2003 Tax Ct. Summary LEXIS 44">*46 Background
[4] From 1995 until 1998, petitioner was employed as a "wagon master" for Visionquest National, Ltd., and Visionquest Lodgemakers. Petitioner's duties included supervising troubled youths on the "wagon train", a group of wagons pulled by mules that travels in many States along the east coast.
In 1995, petitioner's mother became ill and had surgery. In July of 1996, petitioner's mother died. Petitioner temporarily left the wagon train to attend the funeral. Petitioner's father was also ill. According to petitioner, he was "distraught" over his mother's death.
Petitioner did not file a Federal income tax return for the 1996 tax year. While on the wagon train, however, petitioner did file returns for 1995 and 1997.
Discussion
Addition to Tax Under
If a Federal income tax return is not timely filed, an addition to tax will be assessed "unless it is shown that such failure is due to reasonable cause and not due to willful neglect".
Petitioner argues that he failed to timely file his 1996 return because of the "emotional distress of my mother's death, my father's ongoing illness and stressful job2003 Tax Ct. Summary LEXIS 44">*48 resulting in hardship". Although we sympathize with petitioner over his father's ill health and the loss of his mother, a death in the family some 9 months before the filing date generally does not constitute reasonable cause for failing to file tax returns. See
Additionally, the ability to continue performing daily business operations negates grief as a reasonable cause. See
Addition to Tax Under
Petitioner underpaid the estimated tax for 1996,4 and has not shown that any of the statutory exceptions are applicable. Respondent's determination as to the addition to tax under
Reviewed and adopted as the report of the Small Tax Case Division.
Decision will be entered under Rule 155.
1. Unless otherwise indicated, subsequent section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.↩
1. Unless otherwise indicated, subsequent section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.↩
2. In a stipulation of settled issues the parties agreed to a reduced deficiency of $ 15,541, and respondent conceded the addition to tax under
3. Petitioner has not argued that either
4. Federal income taxes of $ 2,772 were withheld from petitioner's wages in 1996 and constitute estimated tax payments.