Patrick W. Healey and Nancy L. Marshall - Page 12

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               A Form 4868 is invalid if the taxpayer fails to properly               
          estimate his or her tax liability based on information available            
          to the taxpayer when the extension is requested.  Clayton v.                
          Commissioner, 102 T.C. 632, 650 (1994); Crocker v. Commissioner,            
          92 T.C. 899, 908, 911 (1989).  A taxpayer must estimate his or              
          her tax liability carefully and must make a reasonable attempt to           
          find information on which to base the estimate.  Crocker v.                 
          Commissioner, supra.  The mere fact that a taxpayer                         
          underestimates his or her tax liability does not invalidate a               
          Form 4868 or void an automatic extension.  Id. at 907.                      
               3.   Whether Petitioners Properly Estimated Their Tax                  
               Petitioners contend that they estimated their tax with                 
          reasonable care on Forms 4868 for the years in issue.  They                 
          contend that the lack of tax documents, such as partnership tax             
          returns from petitioner’s law firm and a Form 1099 for the                  
          pension distribution, is reasonable cause for their failure to              
          estimate their tax for 1990 more accurately.  They also argue               
          that their oversight was understandable in the rush of completing           
          and filing their Form 4868 for 1990.                                        
               We disagree.  Petitioner has shown no reason why he, as                
          senior partner, could not have obtained the partnership returns             
          sooner.  Petitioners could have ascertained the amount of the               
          draws that petitioner received from his law firm in each year in            







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