O'LOUGHLIN v. COMMISSIONER

2004 T.C. Summary Opinion 79, 2004 Tax Ct. Summary LEXIS 155
United States Tax Court·Decided June 10, 2004·No. No. 1112-03S·Unpublished

Opinion

MARY ANNE O'LOUGHLIN, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
O'LOUGHLIN v. COMMISSIONER
No. 1112-03S
United States Tax Court
T.C. Summary Opinion 2004-79; 2004 Tax Ct. Summary LEXIS 155;
June 10, 2004, Filed

*155 PURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b), THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE.

Mary Anne O'Loughlin, Pro se.
Jeffrey A. Johnson, for respondent.
Powell, Carleton D.

CARLETON D. POWELL

POWELL, Special Trial Judge: This case was heard pursuant to the provisions of section 7463 1 of the Internal Revenue Code in effect at the time the petition was filed. The decision to be entered is not reviewable by any other court, and this opinion should not be cited as authority.

Respondent determined a deficiency in petitioner's Federal income tax and additions to tax as follows:

Additions to Tax
YearDeficiencySec. 6651(a)(1)Sec. 6651(a)(2)Sec. 6654(a)
1996$ 9,445$ 1,187.55$ 1,319.50$ 259

After concessions, 2 the issues are (1) whether petitioner is liable for the addition to tax under section*156 6651(a)(1) for failure to file a Federal income tax return, (2) whether petitioner is liable for the addition to tax under section 6654(a) for an underpayment of estimated tax, and (3) whether this Court has jurisdiction to determine petitioner's alleged overpayment of taxes in 1993, 1994, and 1995. Petitioner resided in New York, New York, at the time the petition was filed.

Background

*157 The facts may be summarized as follows. In 1995, petitioner was in a car accident and, as a result, suffered physical injuries. She, however, continued to work and to perform other responsibilities. Petitioner filed a return for the 1993 taxable year at some undetermined time in 1998, but did not file returns for the 1994, 1995, and 1996 taxable years. Respondent granted petitioner an extension of time to file her 1996 return, but petitioner did not file a return for that year. Based on reported third-party information, respondent prepared a substitute return and issued a notice of deficiency for the 1996 taxable year.

Discussion

1. Addition to Tax Under Section 6651(a)(1) for Failure To File

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". Sec. 6651(a)(1). 3 A delay is due to reasonable cause if "the taxpayer exercised ordinary business care and prudence and was nevertheless unable to file the return within the prescribed time". Sec. 301.6651-1(c)(1), Proced. & Admin. Regs.; see also United States v. Boyle, 469 U.S. 241, 243 (1985).*158

Petitioner claims that the injuries she suffered from the car accident in 1995 constitute reasonable cause for her failure to file a return in 1996. Impairment due to injury may constitute reasonable cause for late filing if the taxpayer shows that he or she could not file a timely return. See Williams v. Commissioner, 16 T.C. 893, 906 (1951). We are satisfied that petitioner suffered physical injuries as a result of the car accident, but she failed to show that they were sufficiently debilitating to establish reasonable cause. See Carter v. Commissioner, T.C. Memo. 1998-243, affd. in part 187 F.3d 640 (8th Cir. 1999).

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O'LOUGHLIN v. COMMISSIONER, 2004 T.C. Summary Opinion 79, 2004 Tax Ct. Summary LEXIS 155 (tax 2004).

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