- 86 - 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.Page: Previous 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Next
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