- 12 - 1193 (6th Cir. 1996). An undue hardship will result to the taxpayer if, by paying on the due date, he or she will suffer a substantial financial loss; for example, a loss due to the sale of property at a distress price. See Fran Corp. v. United States, 164 F.3d 814, 816-817 (2d Cir. 1999). We review de novo whether petitioners are liable for the addition to tax for failure to pay tax. See Goza v. Commissioner, supra at 181-182. Petitioners contend that they had reasonable cause for not paying their tax in 1995 because petitioner misunderstood the law relating to taxation of the capital gain received on the sale of their house. We disagree. Petitioner said that he did not receive a statement at closing showing the amount of sale proceeds from the house that would be reported to the IRS, but he did not say that he tried to obtain one. Petitioner’s mistaken belief about the taxability of the gain from their house is not reasonable cause for failing to pay petitioners’ 1995 tax, especially since petitioner did not consult an accountant or tax professional for advice regarding the 1995 return. See Henningsen v. Commissioner, 243 F.2d 954, 959 (4th Cir. 1957), affg. 26 T.C. 528 (1956). More importantly, we have difficulty understanding petitioners’ argument since they concede that the tax liability they reported on the return is correct. Petitioners contend that they had reasonable cause because they twice tried to get a second trust on their house (in OctoberPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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