Richard T. and Catherine L.. Lites - Page 12

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          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.                                                 




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