11 Section 6072 provides that a return for an individual on the calendar year basis must be filed by April 15 following the close of the calendar year. Section 7503 then provides that if April 15 falls on a Saturday, Sunday, or legal holiday, the due date will be the next day not a Saturday, Sunday, or legal holiday. The due date for petitioners' 1988 return was on April 15, 1989, except that such date was a Saturday. Therefore, under section 7503, the due date for petitioners' income tax return was April 17, 1989. As we have detailed above, all the transfers to petitioner husband, the exchanger, in this transaction happened after April 17, 1989: the earliest on April 25, 1989, and the latest on June 20, 1989. Such transfer dates fall outside the exchange period provided for by the statute, section 1031(a)(3)(B)(ii). Petitioners nevertheless urge that respondent's argument is just a quibble, that even though petitioners' joint return was due on April 17, 1989, and in fact was filed on that date, petitioners nevertheless were entitled to an automatic 4-month extension of time for the year 1988, which would extend the due date for the return from April 17, 1989, to August 17, 1989, and that since they were automatically entitled to such an extension, the permissible period within which a tax-free exchange could be made should be extended by that period. We must reject petitioners' argument. The fact is that petitioners' joint return was filed on April 17, 1989, its duePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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