Sam E. Scott - Page 20

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             tax liability on Form 4868 when he filed for the automatic                                           
             extension, and thus such extension is invalid.                                                       
                    One of the requirements for the automatic extension of time to                                
             file an individual tax return is the proper estimation of the final                                  
             tax liability for the taxable year.  Sec. 1.6081-4(a)(4), Income                                     
             Tax Regs.  The failure to estimate properly the final tax liability                                  
             on Form 4868 can invalidate the automatic extension and subject the                                  
             taxpayer to an addition to tax pursuant to section 6651(a)(1) for                                    
             failure to timely file the return.  Crocker v. Commissioner, 92                                      
             T.C. 899 (1989); see also Berlin v. Commissioner, 59 F.2d 996 (2d                                    
             Cir. 1932), affg. a Memorandum Opinion of this Court.                                                
                    To establish a proper estimate of the tax liability for                                       
             purposes of the automatic extension, the taxpayer must make "a bona                                  
             fide and reasonable estimate of his tax liability based on the                                       
             information available to him at the time he makes his request for                                    
             extension."  Crocker v. Commissioner, supra at 908.  The taxpayer                                    
             must determine his tax liability generally, but carefully.  Id.                                      
             Further, the taxpayer must make a bona fide and reasonable attempt                                   
             to locate, gather, and consult information that will enable him to                                   
             make a proper estimate of his tax liability.  Id.                                                    
                    Petitioner testified that he acted reasonably in estimating                                   
             his tax liability and utilized the information he had available to                                   
             him.  According to petitioner's request for a second extension of                                    
             time to file his 1991 return, he was waiting for records from                                        
             Heidelberg & Woodliff that were necessary to prepare the return.                                     



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