Mark R. and Diane R. Webb - Page 17

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          and not due to willful neglect.  Petitioners presented no                   
          evidence to establish reasonable cause for the delinquent filing            
          of their return.  Respondent, therefore, is sustained on this               
          issue.  However, the addition to tax under section 6651(a)(1) is            
          5 percent of the "amount required to be shown as tax on * * *               
          [the] return."  Section 6651(b)(1) provides that, for purposes of           
          computing the addition to tax, "the amount of tax required to be            
          shown on the return shall be reduced by the amount of any part of           
          the tax which is paid on or before the date prescribed for                  
          payment of the tax".  The original return filed by petitioners              
          for 1989 showed a tax of $11,670 and Federal income taxes                   
          withheld of $90.  That left a balance due of $11,580.  The                  
          return, as noted earlier, was filed on October 30, 1990.  In the            
          amended return filed by petitioners for 1989, on which the                  
          foreclosure loss was claimed, petitioners' tax was shown to be              
          $6,250 rather than $11,670, as shown on the original return.                
          Petitioners presented no evidence to show that "the amount of tax           
          required to be shown on the return" was paid on or before the due           
          date prescribed for payment of the tax, except for $90 in                   
          withheld taxes.  It is evident, and the Court holds, that                   
          petitioners are not entitled, under section 6651(b)(1), to a                
          reduction in the amount of tax required to be shown on the return           
          by the amount of taxes they paid when they filed their delinquent           
          return for 1989.  To determine the amount of the addition to tax            
          under section 6651(a)(1) and the amount of the credit or refund,            




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