- 5 - 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.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011