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closing the case had not been issued by the bankruptcy court as
of the date of this trial. The bankruptcy case was still open at
the time petitioner filed his 1993 return and at the time of
trial. Thus, the net operating losses were property of the
bankruptcy estate.
C. Other Loss Issues
Because of our findings and conclusions above, we need not
consider the additional issues of: (1) Whether petitioner has
substantiated the expenses generating the losses that petitioner
seeks to carry forward, and (2) whether petitioner is otherwise
entitled to deduct such expenses under the Internal Revenue Code.
2. Section 6651(a) Addition to Tax
Respondent determined that petitioner is liable for the
addition to tax under section 6651(a) for failure to file a
timely return for the 1993 taxable year. Generally, individual
income tax returns must be filed on or before the 15th day of
April following the close of the calendar year. Sec. 6072(a).
Section 6081, however, provides that the Secretary may grant a
taxpayer an extension to file for no greater than 6 months.
Section 1.6081-4(a), Income Tax Regs., provides that taxpayers,
upon meeting certain requirements, shall be allowed an automatic
4-month extension. A taxpayer may seek an additional 2-month
extension by submitting, to the internal revenue officer with
whom the return is required to be filed, a signed Form 2688 or a
letter setting forth the full reasons for the extension.
Schafler v. Commissioner, T.C. Memo. 1998-86; Perry v.
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