Jose Torres - Page 5

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                    Galuska v. Commissioner, 98 T.C. 661, 669-670 (1992), affd. 5                                                                                          
                    F.3d 195 (7th Cir. 1993).                                                                                                                              
                              There is no evidence that petitioner's application for an                                                                                    
                    additional extension of time to file his return was ever                                                                                               
                    approved.  Furthermore, the phrase "tax practitioner's workload"                                                                                       
                    standing alone on the application does not show reasonable cause                                                                                       
                    for the additional delay.  Thus, petitioner's return was due to                                                                                        
                    be filed by August 15, 1995, and the addition to tax is                                                                                                
                    calculated from that date.  We sustain the addition to tax under                                                                                       
                    section 6651(a)(1).                                                                                                                                    
                    Section 6662(a)                                                                                                                                        
                              Section 6662(a) imposes a penalty of 20 percent on any                                                                                       
                    portion of an underpayment of tax that is attributable to                                                                                              
                    negligence or disregard of rules or regulations.  Sec. 6662(a)                                                                                         
                    and (b)(1).  Negligence in this context includes any failure to                                                                                        
                    make a reasonable attempt to comply with the provisions of the                                                                                         
                    Internal Revenue Code, and the term "disregard" includes any                                                                                           
                    careless, reckless, or intentional disregard.  Sec. 6662(c).                                                                                           
                              The accuracy-related penalty does not apply if petitioner                                                                                    
                    demonstrates that there was reasonable cause for the underpayment                                                                                      
                    and that he acted in good faith with respect thereto.  Sec.                                                                                            
                    6664(c).  Whether a taxpayer acted with reasonable cause and in                                                                                        
                    good faith depends upon the pertinent facts and circumstances.                                                                                         
                    McCallson v. Commissioner, T.C. Memo. 1993-528; sec. 1.6664-                                                                                           
                    4(b)(1), Income Tax Regs.  The most important factor is the                                                                                            




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