Tesco Driveaway Co., Inc. - Page 22




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          sustain respondent’s determination denying petitioner a                     
          deduction for compensation allegedly accrued but unpaid by the              
          close of petitioner’s fiscal year ended July 31, 1994.                      
          Issue 2.  Late-Filing Additions                                             
               Petitioner’s fiscal years at issue in this case ended on               
          July 31, 1992, 1993, and 1994.  Absent extension, the deadlines             
          for filing petitioner’s Federal income tax returns were October             
          15, 1992, October 15, 1993, and October 17, 1994,5 respectively.            
          See sec. 6072(b) (“returns made on the basis of a fiscal year               
          shall be filed on or before the 15th day of the third month                 
          following the close of the fiscal year”).  The parties have                 
          stipulated that the returns were delinquently filed on February             
          9, 1993, June 13, 1994, and March 1, 1995.                                  
               Under section 6651(a)(1), there shall be imposed on a                  
          taxpayer who fails timely to file an income tax return an                   
          addition to tax of 5 percent of the tax due for each month or               
          partial month of the delinquency, not to exceed 25 percent,                 
          “unless it is shown that such failure is due to reasonable cause            
          and not due to willful neglect”.  Respondent determined a 20-               
          percent addition to tax for petitioner’s 4-month delay in filing            
          its 1993 return, and 25-percent additions to tax for the more               
          than 5-month delays in filing its 1994 and 1995 returns.                    


               5Oct. 15, 1994, fell on a Saturday.  Therefore, petitioner             
          had until the following Monday to file its return.  See sec.                
          7503.                                                                       





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