- 12 - cardiac surgery and well after he had returned to work full time. Moreover, petitioners’ 1998 tax return, which was due October 15, 1999 (only about 9 months after Richard’s cardiac surgery), was timely filed on October 8, 1999. We are not persuaded that Richard’s health problems prevented petitioners from filing their 2000 tax return on time.7 See, e.g., Ramirez v. Commissioner, T.C. Memo. 2005-179. We conclude that petitioners are liable for the section 6651(a)(1) addition to tax for failure to timely file their Federal income tax return for tax year 2000. Section 6651(a)(2) Addition to Tax for Failure To Pay Section 6651(a)(2) imposes an addition to tax for failure to pay the amount of taxes shown on a return on or before the date prescribed (taking into account any extension of time for filing), unless it is shown that the failure is due to reasonable cause and not due to willful neglect. A taxpayer has reasonable cause for failure to timely pay a tax if: the taxpayer has made a satisfactory showing that he exercised ordinary business care and prudence in providing for payment of his tax liability and was nevertheless either unable to pay the tax or would suffer an undue hardship * * * if he paid on the due date. * * * Thus, for example, a taxpayer who incurs lavish or extravagant living expenses in an amount such 7 We further note that petitioners’ Forms 2688, Application for Additional Extension of Time to File U.S. Individual Income Tax Return, did not assert Richard’s illness or purported resultant financial distress as a reason requiring an additional extension for 1999 or 2000.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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