- 43 - imposed against them. Funk v. Commissioner, 687 F.2d 264, 266 (8th Cir. 1982), affg T.C. Memo. 1981-506; Ehrlich v. Commissioner, 31 T.C. 536, 540 (1958). Respondent concedes that petitioners timely filed their 1986 and 1988 tax returns. See supra note 2. Petitioners received an automatic extension of time, until August 15, 1988, to file their 1987 tax return. They timely filed a request for a further extension, until May 5, 1989; they were granted an extension only until October 17, 1988. They filed their 1987 tax return on May 11, 1989, almost 7 months late. At trial and on brief petitioners contend that they filed a 1987 “first return”, or “initial return”, on August 15, 1988, together with their request for a further extension. Respondent’s records show both extensions, but do not show any 1987 tax return for petitioners filed before May 11, 1989. We note that petitioners’ August 15, 1988, request for further extension states the following as the last sentence of their explanation of why they need the further extension: “Tax Payer will be due a refund of $953.08 when the Federal return is filed and owes no tax.” (Emphasis added.) This language strongly suggests that the request for further extension was not accompanied by any tax return for 1987.Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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