- 20 - 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 underPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011