Orville E. Christensen and Helen V. Christensen - Page 12

                                         12                                           
          date.  The further fact is that no extension of time to file such           
          return was applied for by petitioners.  Furthermore, the                    
          "automatic" granting of such extension of the period for time to            
          file is not as automatic as petitioners urge.  Section 6081(a)              
          gives the Secretary power to grant extensions of time for filing            
          returns, generally for not more than 6 months.  Pursuant to that            
          statutory provision, section 1.6081-4, Income Tax Regs.,                    
          effective in the years before us, provides an "automatic"                   
          extension of time to file of 4 months, but such extension is to             
          be considered granted only if certain conditions are met:                   
               (a) An application of extension on Form 4868 must be made              
          and executed by the taxpayer or other authorized person;                    
               (b) such application must be filed with the appropriate                
          revenue officer on or before the normal due date of the return              
          (in this case, April 17, 1989);                                             
               (c) such application must show the full estimated amount of            
          the tax to be due with the return, and the remittance of such               
          estimated amount with the application is required; and                      
               (d) the automatic extension of time is granted only if the             
          above conditions are met.                                                   
               In the instant case, the return for 1988 that petitioners              
          filed showed an overpayment of tax and a refund due.  However,              
          none of the other above-mentioned conditions were met by                    
          petitioners and, in fact, no application for extension for 1988             
          was filed.                                                                  




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011