2
references are to the Internal Revenue Code in effect for the
years in issue, and all Rule references are to the Tax Court
Rules of Practice and Procedure.
After concessions, the parties agree that petitioners
overpaid their taxes for 1989, 1990, and 1991. Accordingly, the
issues for decision are as follows:
1. Whether petitioners are entitled to refunds of their
1989, 1990, and 1991 overpayments. We hold that petitioners are
entitled to refunds only of their 1990 and 1991 overpayments.
2. Whether petitioners, pursuant to section 6654, are
liable for additions to tax for underpayment of estimated taxes
for 1990 and 1991. We hold that they are liable.
FINDINGS OF FACT
Some of the facts have been stipulated and are so found. At
the time Mr. and Mrs. Turco filed their petitions, they resided
in Villa Park, California.
Petitioners filed Forms 4868 (Application for Automatic
Extension of Time to File U.S. Individual Income Tax Return) for
1989, 1990, and 1991 in April of 1990, 1991, and 1992,
respectively. On these forms, petitioners estimated their tax
liability and paid the following amounts with each extension
request:
Date of Request Tax Year Amount of Payment
April 16, 1990 1989 $6,294.85
April 7, 1991 1990 10,000.00
April 7, 1992 1991 30,000.00
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