Bernard F. Kochevar, Sr. and Marlene C. Kochevar - Page 7

                                          7                                           
               Respondent determined that petitioners are liable for an               
          addition to tax for filing their 1990 Federal income tax return             
          after the due date.  Section 6651(a)(1) provides for an addition            
          to tax in the amount of 5 percent of the amount of the tax if the           
          failure to file is for not more than 1 month, with an additional            
          5 percent for each month in which the failure to file continues,            
          not exceeding 25 percent of the tax in the aggregate.  The                  
          addition to tax is applicable unless it is shown that the failure           
          to file is due to reasonable cause and not willful neglect.                 
               Respondent contends that petitioners' 1990 tax return was              
          due on April 15, 1991, and that the return was not filed until              
          August 19, 1991.  Petitioners maintain that they had an automatic           
          extension of time to file their tax return.  While it is true               
          that petitioner filed an application for an automatic extension             
          of time, respondent contends that the application is invalid                
          because petitioners failed to estimate properly their tax for               
          1990 when they filed their Form 4868.  Sec. 1.6081-4(a)(4),                 
          Income Tax Regs.                                                            
               On their application for extension, petitioners estimated              
          their 1990 tax liability, without taking into consideration their           
          gambling losses, to be $13,660.  After deducting taxes withheld             
          of $11,847, petitioner remitted a check to the IRS in the amount            
          of $1,813.  In the notice of deficiency, respondent determined              
          that petitioners' 1990 tax liability was $13,824.  The deficiency           






Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011