- 34 - 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 informationPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011