- 22 - installment sale that occurred in 1990,16 and the 1993 return hardly attests to the occurrence of “numerous other complicated transactions” during 1993.17 Furthermore, the 1993 return belies the allegations in the C.P.A. letter that the $125,000 amount of the 1994 remittance “was not based on any estimate of the tax liability” and “did not even rise to the level of a wild guess” as to the amount of that liability. Specifically, if one calculates petitioners’ tentative 1993 tax without any basis offset to the capital gain they reported for 1993 relating to the 1990 sale, but otherwise in accordance with the Schedule D tax worksheet attached to the 1993 return, the resulting tentative tax is approximately $125,000. 4. Risman Is Factually Distinguishable These cases are distinguishable from Risman v. Commissioner, 100 T.C. 191 (1993), in which we concluded, on the basis of the facts and circumstances of that case, that the taxpayers’ remittance with their filing extension request was a deposit rather than a payment. In Risman v. Commissioner, supra at 193- 194, 198, the Commissioner initially treated the remittance as a 16 Petitioners reported on the 1993 return that they had received almost $500,000 from that sale prior to 1993. The record does not reflect whether petitioners experienced similar difficulties calculating their 1990-92 tax liabilities. 17 Other than wages, interest, and gain from the 1990 sale, the 1993 return lists “other income” of $600 and a $24,229 nonpassive loss from two S corporations.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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