Thomas B. Drummond - Page 43

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          469 U.S. 241, 246 (1985); sec. 301.6651-1(c)(1), Proced. & Admin.           
          Regs.                                                                       
               For 1989 and 1990, petitioner filed applications for auto-             
          matic extension that were dated April 11, 1990, and April 5,                
          1991, respectively, and that requested a four-month extension of            
          time until August 15, 1990, and August 15, 1991, respectively,              
          within which to file his returns for those years.  The parties              
          agree that petitioner also filed a second request (application              
          for additional extension of time) that was dated August 8, 1991,            
          in order to extend the period within which to file his 1990                 
          return to October 15, 1991.                                                 
               Petitioner contends that the addition to tax under section             
          6651(a)(1) should not be imposed for either 1989 or 1990 because            
          he relied on Mr. McVeigh to prepare the applications for auto-              
          matic extension for those years.  Respondent disagrees.                     
               We have found as facts that petitioner relied on Mr. McVeigh           
          to prepare requests to extend the time within which to file his             
          returns for 1989 and 1990.  Line 1 of each of those requests                
          required petitioner to make a reasonable estimate, based on the             
          information available, of his tax liability for the year for                
          which he was seeking an extension.  In arriving at the respective           
          estimated tax liabilities for 1989 and 1990 that Mr. McVeigh                
          showed on line 1 of petitioner's applications for automatic                 
          extension for those years, Mr. McVeigh believed it reasonable,              
          and so advised petitioner, that, given petitioner's situation,              





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