Bernard F. Kochevar, Sr. and Marlene C. Kochevar - Page 8

                                          8                                           
          resulted from the refund issued to petitioners after they filed             
          their return on August 19, 1991.                                            
               Exactitude is not required in making an estimation of one's            
          tax liability for purposes of an automatic extension.  Crocker v.           
          Commissioner, 92 T.C. 899, 907 (1989).  A taxpayer must make a              
          bona fide and reasonable estimate of the tax liability based on             
          the information available when a request for extension is made.             
          Id. at 908; see Berlin v. Commissioner, 59 F.2d 996 (2d Cir.                
          1932), affg. a Memorandum Opinion of this Court.  Therefore, we             
          find that petitioners properly estimated their tax liability,               
          and, as such, the time in which petitioners were permitted to               
          file was extended 3 months.  Because the envelope containing                
          their 1990 return was postmarked on August 15, 1991, we conclude            
          that petitioners are not liable for an addition to tax under                
          section 6651(a)(1).                                                         
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             for respondent, except as to             
                                             the addition to tax under                
                                                  sec. 6651(a)(1).                    













Page:  Previous  1  2  3  4  5  6  7  8  

Last modified: May 25, 2011