- 17 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011