- 11 - failure to pay the amount shown on their return.4 B. Whether Petitioners Had Reasonable Cause for Failure To Pay Their Income Tax for 1995 Respondent did not send a notice of deficiency to petitioners, and petitioners did not otherwise have an opportunity to dispute their tax liability for 1995. Thus, petitioners may challenge the existence or amount of the underlying tax liability. See sec. 6330(c)(2)(B); Sego v. Commissioner, 114 T.C. 604, 609 (2000); Goza v. Commissioner, supra at 180-181. Petitioners prepared their 1995 return and all of the offers in compromise. Petitioners contend that their failure to pay tax was due to reasonable cause and not willful neglect because they thought their offers in compromise were fair. We disagree. A taxpayer has reasonable cause for failure to timely pay a tax if: the taxpayer has made a satisfactory showing that he exercised ordinary business care and prudence in providing for payment of his tax liability and was nevertheless either unable to pay the tax or would suffer an undue hardship * * * if he paid on the due date.* * * [Sec. 301.6651-1(c)(1), Proced. & Admin. Regs.] See also Valen Manufacturing Co. v. United States, 90 F.3d 1190, 4 We have previously held that a taxpayer is liable for the addition to tax under sec. 6651(a)(2) in a lien and levy case where the record is not clear that the taxpayer received a notice of deficiency for 1 year, and no notices of deficiency were issued for the other 5 years in issue. See Inman v. Commissioner, T.C. Memo. 2001-107.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011