- 6 - evidence that they had applied for or had been granted an extension for the late filing of their return. Although petitioners knew that their return had not been filed timely, they were not concerned because their returns reflected an 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 return was filed that they had overpaid their taxes does not constitute reasonable cause for a late filing on a deficiency subsequently determined by respondent. 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.2 Section 6662(a) provides for an accuracy-related penalty equal to 20 percent of any portion of an underpayment of tax required to be shown on the return that is attributable to the taxpayer's negligence or disregard of rules or regulations. Sec. 2 This case is one of numerous cases heard by the Court involving tax returns prepared by Mr. Beltran.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011