- 10 - 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 estimatedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011