Ferydoun Ahadpour, a.k.a, F. Ahadpour, And Doris Ahadpour - Page 34




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          2688 and received the two extensions for a due date of                      
          October 15, 1992.  Petitioners’ return was stamped as received by           
          the IRS on October 22, 1992.                                                
               Specifically, respondent contends that petitioners failed to           
          file timely those returns because petitioners’ respective                   
          applications for automatic extension for those years were                   
          invalid; therefore, petitioners are liable for the addition to              
          tax of the full 25 percent.                                                 
               A taxpayer’s application for automatic extension is not                
          valid if it does not comply with the requirements set forth in              
          section 1.6081-4(a), Income Tax Regs.  One of the requirements              
          set forth in that section is that the application must show a               
          proper estimation of the taxpayer’s tax liability for the taxable           
          year.  See sec. 1.6081-4(a)(4), Income Tax Regs.  The failure to            
          estimate properly the final tax liability on Form 4868 can                  
          invalidate the automatic extension and subject the taxpayer to an           
          addition to tax pursuant to section 6651(a)(1) for failure to               
          timely file the return.  See Crocker v. Commissioner, 92 T.C.               
          899, 910 (1989).  Nevertheless, the mere fact that petitioners              
          underestimated their income tax liability is insufficient to                
          conclude that the estimate was improper.  See id. at 906.                   
               A taxpayer will be treated as having “properly estimated”              
          his tax liability when he or she makes a bona fide and reasonable           
          estimate of his or her tax liability based on the information               







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