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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.
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