- 3 - 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.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011