Alice Berger, et al. - Page 80

                                       - 80 -                                         
               If an extension of time to file is deemed invalid, it will             
          not extend the due date of the return, and the taxpayer must show           
          that the failure to file a return by the original due date was              
          due to reasonable cause and not due to willful neglect.  Crocker            
          v. Commissioner, 92 T.C. 899, 912 (1989).  An extension of time             
          to file may be deemed invalid if the taxpayer did not make a bona           
          fide and reasonable estimate of his tax liability using the                 
          information available at the time of the extension request.  Id.            
          at 908.  Good faith reliance on the advice of a tax return                  
          preparer, who has been fully apprised of all relevant facts, may            
          show that the taxpayer made a bona fide and reasonable estimate             
          of tax liability.  See O'Sullivan v. Commissioner, T.C. Memo.               
          1994-395.  In addition, "The fact that we have come to a                    
          substantive conclusion about the * * * issue different from that            
          of petitioners does not of itself indicate that petitioners filed           
          their extension request with a lack of due care or reasonable               
          cause".  Id.                                                                
               Alice Berger testified, and we believe, that she relied on             
          her accountant to prepare her extensions and returns for 1989.              
               She was receiving fairly sophisticated tax advice, even if             
          it turned out, as we have seen, that the advice was wrong in                
          various important respects.  We would not expect a former                   
          housewife, inexperienced in business, financial, or tax matters,            
          to prepare a rider to the 1988 joint return, citing legal                   

          23(...continued)                                                            
          not liable for this addition to tax.                                        


Page:  Previous  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  86  Next

Last modified: May 25, 2011