- 12 - 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 inPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011