- 16 - for 1989, reporting the loss that was the principal issue in this case, and claimed a refund of $5,420. Although petitioners have conceded several adjustments that would increase their taxable income, the total of these adjustments is far less than the $70,379 loss realized by them in the foreclosure sale of their property. The amended return was filed within the limitation provision of section 6512(b)(3)(C), prior to issuance of the notice of deficiency. Petitioners, therefore, overpaid their taxes for 1989 and, therefore, are entitled to a credit or refund resulting from this overpayment. The amount of the credit or refund will be calculated under Rule 155. The third issue is whether petitioners are liable for the addition to tax under section 6651(a)(1) for their failure to file timely their 1989 Federal income tax return. Petitioners' 1989 return was date stamped as having been received by the Internal Revenue Service (IRS) Center at Ogden, Utah, on October 30, 1990. Attached to the return is IRS Form 2688, Application for Additional Extension of Time to File, wherein petitioners requested an extension of time until October 15, 1990, to file their return. This extension was approved. As stated above, however, petitioners did not file their return until October 30, 1990. Therefore, their return was delinquent. The addition to tax under section 6651(a)(1) is imposed where there is failure to timely file a tax return, unless it is shown that the failure to timely file is due to reasonable causePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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