David E. Caruso, Jr. and Barbara Caruso - Page 11

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          hardship is defined as more than an inconvenience to the                    
          taxpayer.  Sec. 1.6161-1(b), Income Tax Regs.  An undue hardship            
          will result to the taxpayer if, for instance, he or she will                
          suffer a substantial financial loss; for example, a loss due to             
          the sale of property at a distress price.  Downing v.                       
          Commissioner, 118 T.C. at 29; see also Fran Corp. v. United                 
          States, 164 F.3d 814, 816-817 (2d Cir. 1999).                               
               As previously discussed, petitioners’ alleged hardships did            
          not amount to reasonable cause.  Furthermore, petitioners                   
          reported a $531,661 capital gain on the sale of their properties,           
          and the Court declines to believe they would have suffered a                
          substantial financial loss had they paid their liability timely.            
          Petitioners were aware they would have a substantial tax                    
          liability for the year 1999, and, even if they were unsure of the           
          exact amount, they could have submitted an estimated payment when           
          they filed their request for an extension.  Therefore, respondent           
          is sustained.                                                               
               Lastly, the Court reviews the Appeals officer’s decision to            
          sustain respondent’s section 6654 determination.  A taxpayer is             
          subject to this addition to tax “in the case of any underpayment            
          of estimated tax by an individual.”  Sec. 6654.  Subject to                 
          certain statutory exceptions, the addition to tax is                        
          automatically applied if the amount of withholding and estimated            







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