Patrick W. Healey and Nancy L. Marshall - Page 11

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                                       OPINION                                        
          A.   Whether Petitioners' Forms 4868 Are Valid                              
               1.   Contentions of the Parties                                        
               Petitioners contend that the Forms 4868 that they filed for            
          1990, 1991, and 1992 are valid because they used the same method            
          to estimate their tax liability for the years in issue that they            
          have always used, petitioner was busy with his work, petitioners            
          did not receive the partnership tax returns or Schedules K-1                
          for 1990 from the law firm in time to prepare the returns by                
          April 15, 1991, and, as to their estimate for 1990, they did not            
          know that they had received the $35,000 pension distribution in             
          1990.                                                                       
               Respondent contends that the Forms 4868 are invalid because            
          petitioners did not properly estimate their tax liabilities for             
          the years to which the Forms 4868 relate.                                   
               2.   Background                                                        
               A calendar year taxpayer generally must file returns by                
          April 15 after the close of the calendar year.  Sec. 6072(a).               
          The Commissioner may grant a reasonable extension of time to file           
          a return.  Sec. 6081(a).  A 4-month extension is automatic if a             
          taxpayer timely files a properly prepared Form 4868.  Sec.                  
          1.6081-4(a)(1) and (2), Income Tax Regs.                                    








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