Eric B. Benson, et al. - Page 86

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          Co. v. Commissioner, 365 F.2d 846, 854 (5th Cir. 1966), affg.               
          T.C. Memo. 1964-126).  Thus, we sustain respondent’s                        
          determinations of accuracy-related penalties as to Eric, Brad,              
          and Mark.                                                                   
          Additions to Tax--Failure To File Timely Return                             
               Pursuant to section 6651(a)(1), respondent determined that             
          the Bensons are liable for additions to tax for 1989 and 1990 and           
          that Eric is liable for additions to tax for 1993.73  An addition           
          to tax is imposed under section 6651 for the failure to file a              
          return within the period prescribed, unless the taxpayer shows              
          that such failure was due to reasonable cause and not due to                
          willful neglect.  Sec. 6651(a)(1).  The amount of the addition is           
          5 percent of the amount required to be shown as tax for each                
          month that the delinquency persists, up to a maximum of 25                  
          percent.  Id.                                                               
               The delinquency is due to reasonable cause if the taxpayer             
          exercised ordinary business care and prudence but was                       
          nevertheless unable to perform his tax obligations in a timely              
          manner.  Brewery, Inc. v. United States, 33 F.3d 589, 592 (6th              
          Cir. 1994); Housden v. Commissioner, T.C. Memo. 1992-91.                    


               73According to the notice of deficiency, Eric’s delinquency            
          addition to tax is a result of an invalid extension.  Since he              
          did not properly estimate his tax liabilities on his extension              
          application and since he failed to show a reasonable attempt to             
          secure the information necessary to make the estimate, his                  
          extension was considered invalid.                                           





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