- 22 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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