- 14 -
6072(a). Nevertheless, individual taxpayers may obtain an
automatic 4-month extension of time to file their return. Sec.
1.6081-4(a)(1), Income Tax Regs. In order to obtain the
automatic extension, a taxpayer must file a signed Form 4868,
Application for Automatic Extension of Time to File U.S.
Individual Income Tax Return. Sec. 1.6081-4(a)(2), Income Tax
Regs. The application must be filed with the appropriate
internal revenue officer on or before the due date prescribed for
filing the taxpayer's return. Sec. 1.6081-4(a)(3), Income Tax
Regs. Sec. 1.6081-4(a)(4), Income Tax Regs., provides that the
application:
must show the full amount properly estimated as tax for
such taxpayer for such taxable year, and such
application must be accompanied by the full remittance
of the amount properly estimated as tax which is unpaid
as of the date prescribed for the filing of the return.
[Emphasis added.]
Respondent concedes that petitioners' 1984 Federal income
tax return was timely postmarked and therefore timely filed if
the extension request was valid. Sec. 7502(a). However, it is
respondent's position that because petitioners failed to properly
estimate their tax liability, their extension request was
invalid, and the extension received was void ab initio. The
Commissioner may properly void automatic extensions of filing
deadlines previously obtained where the taxpayer's Form 4868 is
invalid because of a failure to estimate properly tax liability.
Crocker v. Commissioner, 92 T.C. 899, 911 (1989). Nevertheless,
the mere fact that petitioners underestimated their income tax
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011