Nathan Jaramillo and Davina Metzgar - Page 7




                                        - 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