Joseph E. Machado - Page 20

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          return is not filed, 5 percent of the amount of tax required to             
          be shown on the return, not to exceed 25 percent in the                     
          aggregate.                                                                  
               In order for a taxpayer to qualify for an extension of time            
          to file a Federal income tax return, the regulations under                  
          section 6081(a) provide that the taxpayer must show on an                   
          application for extension of time, among other things, the full             
          amount properly estimated as tax for the year, and the                      
          application must be accompanied by a full remittance of the                 
          amount properly estimated as tax.  Crocker v. Commissioner, 92              
          T.C. 899, 905 (1989); Garrett v. Commissioner, T.C. Memo. 1994-             
          70; sec. 1.6081-4(a)(4), Income Tax Regs.                                   
               A taxpayer will be treated as having "properly estimated"              
          the tax liability when a bona fide and reasonable estimate is               
          made on the extension application of the correct tax liability              
          based on information available to the taxpayer at the time the              
          application for extension is filed.  Crocker v. Commissioner,               
          supra at 908; Magowan v. Commissioner, T.C. Memo. 1994-152;                 
          Garrett v. Commissioner, supra.                                             
               For 1988, the addition to tax for negligence is equal to 5             
          percent of the underpayment of tax.  Sec. 6653(a)(1).  Negligence           
          is the failure to make a reasonable attempt to comply with the              
          provisions of the Internal Revenue Code.  Sec. 6653(a)(3).                  
          Negligence is further defined as a lack of due care or failure to           
          do what a reasonable and ordinarily prudent person would do under           




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Last modified: May 25, 2011