Michael T. Crow - Page 7

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          2002 return was received by respondent on May 1, 2003.  United              
          States citizens must file income tax returns on or before the               
          15th day of the fourth month following the end of their taxable             
          years.  Sec. 1.6072-1(a), Income Tax Regs.  That date, for a                
          calendar year taxpayer is April 15th.  Petitioner’s returns,                
          therefore, for the years 2001 and 2002 were required to be filed            
          on or before, respectively, April 15, 2002, and April 15, 2003.             
          They were not received by respondent until April 30, 2002, and              
          May 1, 2002, respectively.  Respondent, therefore, is sustained             
          on this issue.2                                                             
               Respondent determined that petitioner was liable for the               
          addition to tax under section 6654(a) for failure to pay                    
          estimated tax.  This addition to tax is applicable where there is           
          an underpayment of estimated tax, subject to exceptions or                  
          waivers that are not applicable here.  Sec. 6654(e).  In general,           
          estimated income tax payments are used to provide for payment of            
          income taxes not collected through withholding.  Section 6654(c)            
          provides for four quarterly installments.  Income taxes withheld            
          from salaries or wages apply toward the amount of each required             
          quarterly installment; however, to the extent withholdings do not           
          satisfy the required quarterly installments, the taxpayer is                


               2The Court notes that, even though the tax returns of                  
          petitioner contained primarily zeroes, respondent treated the               
          returns as returns and did not impose a failure to file addition            
          to tax against petitioner.  Sec. 7203.                                      




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