William O. Harrison - Page 33

                                       - 33 -                                         

             $2,200, as compared to total tax of $38,702 reported on                  
             their 1989 return.  Petitioners have not addressed the                   
             adjustments determined in the notice of deficiency, as                   
             revised by the agreed computation of the 1989 deficiency,                
             on the basis of which their total tax liability is                       
             $116,389, or $77,687 more than the tax reported on their                 
             return, nor have petitioners shown any reason to conclude                
             that it is unnecessary to evaluate the reasonableness of                 
             petitioners' estimate for 1989 in terms of their true tax                
             liability.  As a result, petitioners have not established                
             the reasonableness of the estimate made on petitioners'                  
             behalf on Form 4868 for 1989.  Accordingly, we find that                 
             petitioners have not met their burden of disproving                      
             respondent's determination that Form 4968 for 1989 was void              
             and that petitioners failed to make a timely return for                  
             1989.                                                                    
                  This brings us to petitioners' alternative contention               
             that, even if we find that petitioners failed to file                    
             timely returns, we should, nevertheless, find that the                   
             additions to tax under section 6651(a)(1), as determined by              
             respondent, are not applicable because petitioners' failure              
             to timely file was due to reasonable cause and not due to                
             willful neglect.  In this regard, petitioners assert that                
             they relied upon their accountants to compute their                      






Page:  Previous  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  Next

Last modified: May 25, 2011