- 20 - petitioner received from the Houston firm in 1988 was not a loan, as petitioners claimed, and should have been included in petitioners' income as ordinary income, less petitioner's basis of $195,351 (i.e., net ordinary income of $304,649). Respondent also determined that the payments of $552,218 and $617,482 petitioner received in 1989 and 1990, respectively, from the Houston firm, are ordinary income, rather than capital gain, as reported by petitioners on their tax returns. Respondent also determined that petitioners are liable for the addition to tax under section 6651(a)(1) for failure to timely file their 1988, 1989, and 1990 returns. Respondent determined that the extension of time to file each of petitioners' tax returns for 1988, 1989, and 1990 was invalid because in filing Form 4868, for each of those years, petitioners did not properly estimate their correct tax. The notice of deficiency describes this determination as follows: Since your income tax returns for 1988, 1989 and 1990 were not filed within the time prescribed by law, and it is determined that the extensions you filed were invalid since you did not properly estimate your correct tax, 25 percent of the total underpayment of tax is added as provided by section 6651(a)(1) of the Internal Revenue Code * * *Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011