- 8 - section 6662 accuracy-related penalty for 1992 and 1993. As to the section 6651(a)(1) late filing addition, it applies if petitioners filed their return late and are unable to show that their failure to file the return on time was due to reasonable cause and not due to willful neglect. See Niedringhaus v. Commissioner, 99 T.C. 202, 220-221 (1992). Before considering whether petitioners have shown reasonable cause, we consider whether petitioners’ 1992 return was timely filed. Respondent determined that petitioners’ 1992 return was filed 1 month or less after the due date, as extended. The parties stipulated a copy of petitioners’ 1992 return that was filed with respondent. The parties did not stipulate the date on which respondent received the return. The stipulated copy of petitioners’ 1992 return bears a date stamp that is illegible. The return was signed by the tax return preparer on October 11, 1993, and by petitioners on October 14, 1993. Attached to petitioners’ 1992 return are extensions that extend the time for filing the 1992 return to October 15, 1993. Petitioners did not prove, however, that they mailed (by U.S. mail) their 1992 return on or before October 15, 1993. See sec. 7502 (providing that timely mailing will be considered to be timely filing under certain circumstances, which includes a showing of a timely U.S. postmark). Petitioners failed to show that they mailed their return orPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011