- 40 - liability to CB&T is a nondeductible contingent liability under section 461(f).30 We sustain respondent’s determination on this issue. Issue 5. Additions to Tax for Late Filing Briggs untimely filed his 1986, 1987, and 1988 individual Federal income tax returns on April 28, 1988, February 7, 1990, and February 7, 1990, respectively. The Morrises untimely filed their 1986, 1987, and 1988 individual Federal income tax returns on May 19, 1988, February 13, 1990, and February 13, 1990, respectively. Respondent determined that petitioners are liable for additions to tax pursuant to section 6651(a)(1) for the late filing of their 1986 and 1987 Federal income tax returns.31 Section 6651(a)(1) imposes an addition to tax if a required return is not filed on or before its due date, unless it is shown 30 Respondent has not raised, and we do not reach, any issue as to whether the deductions in issue are subject to the limitations of sec. 461(h), which provides that certain deductions cannot accrue until there has been “economic performance” with respect to the item. We note, however, that the record does not conclusively establish that Towers Construction ever reimbursed CB&T for its $460,000 payment to Key West Polo against the letter of credit, or if it did, exactly when. Mr. Morris testified that Towers Development (rather than Towers Construction) repaid the $460,000 out of proceeds of one of its developments. 31 Although the parties have stipulated that petitioners filed their 1988 individual Federal income tax returns late, respondent has not asserted sec. 6651(a)(1) additions to tax with regard to the 1988 returns.Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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