Michael and Barbara Goldman - Page 4

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               By letter dated April 5, 2000, in a response to an inquiry             
          from petitioners, respondent did take the position that                     
          petitioners’ 1998 return was untimely filed.  Petitioners filed a           
          Claim for Refund and Request for Abatement for $2,857.96 as an              
          addition to tax for late filing.  But, as stated, respondent did            
          not assess any addition to tax under section 6651(a)(1) for late            
          filing.                                                                     
                                     Discussion                                       
               We are somewhat bemused at petitioners’ position here.  The            
          record of assessment shows that $2,857.96 was assessed as an                
          addition to tax for late payment.  Sec. 6651(a)(2).  Petitioners            
          do not dispute that they are liable for an addition to tax for              
          late payment.  They insist, however, that the liability                     
          respondent seeks to collect was an addition to tax for late                 
          filing, even though there was never an assessment made for that             
          addition to tax.  The assessment upon which the collection is               
          based is for late payment.  It is true that the April 5, 2000,              
          letter refers to an addition to tax for late filing, but the                
          collection here is not based on an assessment of that addition to           
          tax.                                                                        
               Petitioners also object to paying additions to tax for both            
          the late payment, sec. 6651(a)(2), and the failure to pay                   
          estimated tax.  Sec. 6654.  It is sufficient to say that these              
          are separate additions to tax for different actions.                        






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