- 54 - 2. Whether Petitioners Properly Estimated Their Tax Petitioners contend that they estimated their tax with reasonable care on Form 4868 for 1998. Petitioners estimated that their tax liability for 1998 was $41,000, which they paid when they filed their Form 4868. This amount was less than one- half of their actual liability. They contend that their error in underreporting $135,422 on their extension request and their original 1998 return was attributable to Lewellen, not to petitioners. We disagree. Lewellen credibly testified that he was unaware that petitioner had received client fees of $135,422 in 1998 until petitioner telephoned him shortly after the original 1998 return was filed. Lewellen did not know that petitioners improperly deducted $27,000 of personal expenses as business expenses on their 1998 return. Petitioners’ failure to properly estimate their 1998 tax liability invalidates their extension. 3. Whether Petitioners Are Liable for an Addition to Tax for Failure To Timely File and Pay Under Section 6651(a)(1) and (2) Section 6651(a)(1) provides for an addition to tax up to 25 percent for failure to timely file Federal income tax returns. Section 6651(a)(2) provides for an addition to tax for failure to pay taxes shown on a return on or before the payment due date. The additions to tax under section 6651(a)(1) and (2) do not apply if the failure was due to reasonable cause and not willfulPage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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