- 21 - liability and made arrangements to pay their approximate 1997 tax liability when it fell due. Petitioners argue that petitioner’s law practice net profits in later years were not high enough to pay their unusually high tax liability for 1997. This argument is a nonstarter. Petitioners should have set aside in liquid form sufficient proceeds of their high income for 1997 to enable them to use those proceeds to pay the tax for that year. In failing to provide for payment of their tax liability, petitioners did not exercise ordinary care and prudence; they did not show they would have suffered an undue hardship if they paid on the due date because they prevented themselves from doing so. Petitioners did not have reasonable cause for failing to pay their 1997 income tax timely. Petitioners are liable for the addition to tax under section 6651(a)(2) in the section 6330 cases for the period April 15 to October 15, 1998, and November 17, 1998, to the date or dates of payment up to the maximum statutory amount. 5. Late Filing of 1997 Return a. Section 6651(a)(1) Addition to Tax in the Section 6330 Cases For failure to file a Federal income tax return by its due date, including valid extensions, there shall be added to the amount required to be shown as tax on such return 5 percent of the amount of such tax if the failure is for not more than 1Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011