- 10 - pursuant to Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). The final issue is the addition to tax under section 6651(a)(1) for the 4 years at issue for failure to timely file Federal income tax returns. Petitioners' 1989 return was received by respondent's Philadelphia, Pennsylvania, office on June 11, 1992; their 1990 and 1991 returns bear a preparer's signature date of May 12, 1992, and the 1992 return was received by respondent's Philadelphia, Pennsylvania, office on April 1, 1994. No extensions were granted to petitioners for the late filing of their returns. Sec. 6081(a). Under section 6072(a), calendar year taxpayers are required to file their income tax returns by April 15th following the close of the calendar year. When April 15th falls on a Saturday, Sunday, or legal holiday, the return is timely if filed on the next succeeding day which is not a Saturday, Sunday, or legal holiday. Sec. 7503. Thus, petitioners' 1989, 1990, 1991, and 1992 returns should have been filed, respectively, on April 15, 1990, 1991, 1992, and 1993. Because April 15, 1990, was a Sunday, petitioners' 1989 return should have been filed on April 16, 1990. Their returns, therefore, were filed late. The addition to tax under section 6651(a)(1) is imposed where there is failure to timely file a tax return, unless it is shown that the failure to timely file is due to reasonable causePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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