Barry R. Downing and Mary A. Downing - Page 11




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          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.                                          






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