Mark R. and Diane R. Webb - Page 16

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          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 cause            




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