Nader Ghazitehrani and Farzaneh Zamanizadeh - Page 6

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          because of financial hardship.  We have held, however, that                 
          general financial hardship is not an exception to the additional            
          tax.  Milner v. Commissioner, T.C. Memo. 2004-111.                          
               In the alternative, petitioners argue that any errors on               
          their return are attributable to the TurboTax program.  Thus,               
          petitioners contend, they should not be liable for the additional           
          tax.  We disagree.  Even if the TurboTax program was at fault, a            
          poorly prepared return “is simply no reason to relieve * * *                
          [taxpayers] of taxes which were legally owing and which would               
          have been paid upon the filing of their * * * return if their               
          return had been correctly calculated.”  See Kelly v.                        
          Commissioner, T.C. Memo. 1983-156.                                          
               We sustain respondent’s determination that the $23,378                 
          distribution from Boeing is subject to the 10-percent additional            
          tax under section 72(t).  Because respondent has granted Ms.                
          Zamanizadeh relief under section 6015(c), petitioner shall be               
          solely liable for the deficiency.                                           
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              

                                                  An appropriate decision             
                                             will be entered.                         








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