Miguel Espinoza and Mariaclariza Montoya - Page 10




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               Petitioner testified that he thought he was entitled to a              
          tax refund, and that taxpayers who are entitled to a refund are             
          not required to request an extension if they file after the due             
          date.  Petitioner's testimony included the statement "I don't               
          know where I came up with that idea".                                       
               Petitioners' erroneous belief that no taxes are due does not           
          constitute reasonable cause for the failure to timely file their            
          income tax return.  See Krieger v. Commissioner, T.C. Memo. 1993-           
          347, affd. without published opinion 64 F.3d 657 (4th Cir. 1995);           
          Adams v. Commissioner, T.C. Memo. 1982-223, affd. without                   
          published opinion 732 F.2d 159 (7th Cir. 1984).  Under these                
          circumstances, we conclude that petitioners' failure to timely              
          file their income tax return for 1991 was not due to reasonable             
          cause.  Accordingly, we hold that the addition to tax pursuant to           
          section 6651(a) is properly imposed.                                        
          Issue 3. Accuracy-Related Penalty                                           
               Respondent determined that petitioners are liable for an               
          accuracy-related penalty pursuant to section 6662(a) for either             
          negligence or disregard of rules or regulations or the                      
          substantial understatement of income tax.  Section 6662 provides            
          for the imposition of a penalty equal to 20 percent of the                  
          portion of an underpayment which is attributable to negligence or           
          disregard of rules or regulations.  See sec. 6662(a) and (b)(1).            
          For purposes of this section, the term "negligence" includes any            





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