- 3 - Some of the facts were stipulated. Those facts, with the exhibits annexed thereto, are so found and are made part hereof. Petitioners' legal residence at the time the petition was filed was Albuquerque, New Mexico. With respect to the first issue, the additions to tax under section 6651(a)(1) for 1998 and 1999, petitioners agreed that their returns for these 2 years were not filed timely, and they had not applied for or had been granted extensions for the filing of their returns. Although petitioners knew that their returns had not been filed timely, they were not concerned because their returns reflected overpayment of taxes. Section 6072(a) provides that income tax returns must be filed on or before the 15th day of April following the close of the taxable year, subject to exceptions not applicable here, unless the failure to file timely is due to reasonable cause and not due to willful neglect. Petitioners' belief at the time their returns were filed that they had overpaid their taxes does not constitute reasonable cause for the late filing. E.g., Hintze v. Commissioner, T.C. Memo. 2001-70. Respondent, accordingly, is sustained on this issue. With respect to the accuracy-related penalties under section 6662(a), petitioners contend they should be absolved of liability for the penalties because they relied on their income tax return preparer. Petitioners' returns were prepared by Robin Beltran.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011