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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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Last modified: May 25, 2011