Albert M. Graham and Martha A. Graham - Page 54

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               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 willful            






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