Mark J. and Deborah A. Hanna - Page 8

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          original extension request.  Federal taxes totaling $12,000 had             
          been withheld from petitioners' income during 1989, but                     
          petitioners did not include any additional payment of taxes with            
          their initial 1989 extension application.  On their 1989 return,            
          filed in October 1990, petitioners calculated their adjusted                
          gross income to be $268,689.71 and their total tax liability to             
          be $59,903.15.                                                              
               Petitioners failed to offer any evidence that would explain            
          how they computed their tax liability for purposes of the                   
          extension request, on which their tax liability was                         
          underestimated by more than $47,000.  Petitioners argue that                
          reasonable cause existed for their failure to estimate properly             
          because their tax records for 1989 were unavailable due to                  
          pending litigation with Mr. Hanna’s former business associate.              
          Inability to obtain information does not generally constitute               
          reasonable cause if taxpayers could have filed a timely return              
          with a reasonable degree of accuracy based on their best                    
          knowledge.  See Estate of Vriniotis v. Commissioner, 79 T.C. 298,           
          311 (1982); Electric & Neon, Inc. v. Commissioner, 56 T.C. 1324,            
          1343 (1971), affd. without published opinion 496 F.2d 876 (5th              
          Cir. 1974).  In this case, Mr. Hanna presented no evidence that             
          his law practice income or that Mrs. Hanna’s income had decreased           
          in any amount from prior years, such as 1987 and 1988, when                 
          petitioners' adjusted gross income had been $190,280.08 and                 
          $254,374.46, respectively.  There is also no evidence that                  




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