- 32 -
return, Form 1040, dated August 15, 1990, with a postmark of
August 28, 1990.
Petitioners' (GAPS and JJM) 1989 U.S. Corporation Income Tax
Returns, Forms 1120, were due on March 15, 1989. Sec. 6072(b).
The Internal Revenue Service did not receive GAPS's and JJM's
Forms 1120 until September 20, 1992. These forms were hand
delivered, were not signed, and were undated. Petitioners claim
that these Forms 1120 were mailed, along with the Form 1040, at
the end of August 1990.
Neither the individual nor the corporate petitioners
requested extensions to file their Federal income tax returns for
the taxable year 1989. The regulations tell how to count the
number of delinquent months. Sec. 301.6651-1(b), Proced. &
Admin. Regs. If the filing date is a day other than the last day
of a month, the period that terminates with the date numerically
corresponding thereto in the succeeding calendar month and each
successive period shall constitute a month for purposes of
section 6651. Sec. 301.6651-1(b)(2), Proced. & Admin. Regs. As
of August 15, 1990, the corporate returns were already 5 months
delinquent; as of August 16, the individual return was 5 months
delinquent because any fraction of a month counts as an entire
month for section 6651 purposes. Sec. 6651(a)(2). Therefore,
even if all the returns were mailed on August 28, as petitioners
assert, they are subject to the 5-percent-per-month addition to
Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 NextLast modified: May 25, 2011