Barry R. Downing and Mary A. Downing - Page 12




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          1193 (6th Cir. 1996).  An undue hardship will result to the                 
          taxpayer if, by paying on the due date, he or she will suffer a             
          substantial financial loss; for example, a loss due to the sale             
          of property at a distress price.  See Fran Corp. v. United                  
          States, 164 F.3d 814, 816-817 (2d Cir. 1999).  We review de novo            
          whether petitioners are liable for the addition to tax for                  
          failure to pay tax.  See Goza v. Commissioner, supra at 181-182.            
               Petitioners contend that they had reasonable cause for not             
          paying their tax in 1995 because petitioner misunderstood the law           
          relating to taxation of the capital gain received on the sale of            
          their house.  We disagree.  Petitioner said that he did not                 
          receive a statement at closing showing the amount of sale                   
          proceeds from the house that would be reported to the IRS, but he           
          did not say that he tried to obtain one.  Petitioner’s mistaken             
          belief about the taxability of the gain from their house is not             
          reasonable cause for failing to pay petitioners’ 1995 tax,                  
          especially since petitioner did not consult an accountant or tax            
          professional for advice regarding the 1995 return.  See                     
          Henningsen v. Commissioner, 243 F.2d 954, 959 (4th Cir. 1957),              
          affg. 26 T.C. 528 (1956).  More importantly, we have difficulty             
          understanding petitioners’ argument since they concede that the             
          tax liability they reported on the return is correct.                       
               Petitioners contend that they had reasonable cause because             
          they twice tried to get a second trust on their house (in October           






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