- 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 cause
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011