- 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