Patrick W. Healey and Nancy L. Marshall - Page 16

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               Petitioners relied on the automatic extensions for the years           
          in issue as a defense to the addition to tax for failure to                 
          timely file under section 6651(a).  Reliance on an automatic                
          extension is not reasonable cause for a taxpayer's failure to               
          timely file a return if the taxpayer failed to properly estimate            
          his or her tax liability in requesting the extension.  Crocker v.           
          Commissioner, 92 T.C. 899 (1989).                                           
               We conclude that petitioners are liable for the additions to           
          tax under section 6651(a).                                                  
          C.   Whether Petitioners Are Liable for the Accuracy-Related                
               Penalty Under Section 6662(a)                                          
               Respondent determined that petitioners are liable for the              
          accuracy-related penalty for 1990 under section 6662(a) and (c)             
          because of negligence (see note 1 to table, p. 2).  Taxpayers are           
          liable for a penalty equal to 20 percent of the portion of the              
          underpayment to which section 6662 applies.  Sec. 6662(a).  For             
          purposes of section 6662(a), negligence includes any failure to             
          make a reasonable attempt to comply with the provisions of the              
          Internal Revenue Code.  Sec. 6662(c).                                       
               Negligence frequently involves a failure to report income              
          or an overstatement of deductions.  Marcello v. Commissioner, 380           
          F.2d 509 (5th Cir. 1967), affg. T.C. Memo. 1964-303; Beus v.                
          Commissioner, 261 F.2d 176 (9th Cir. 1958), affg. 28 T.C. 1133              
          (1957); Estate of Mason v. Commissioner, 64 T.C. 651 (1975),                
          affd. 566 F.2d 2 (6th Cir. 1977).  Petitioners did not explain              




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