Michael Gregorian and Yolanda Gregorian a.k.a. Yolanda Trelles - Page 14

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          Cohan v. Commissioner, supra.  In all other respects, respondent            
          is sustained on this adjustment.                                            
               The final issue is the addition to tax under section                   
          6651(a)(1) for the late filing of petitioners’ Federal income tax           
          return for 2001.  This addition to tax does not apply if the                
          taxpayer can show that the failure to file timely was due to                
          reasonable cause and not due to willful neglect.  Under section             
          6072(a), calendar year taxpayers, such as petitioners, are                  
          required to file their income tax returns by April 15, following            
          the close of the calendar year (or the next business day if the             
          15th falls on a Sunday or legal holiday).  In this case,                    
          petitioners twice filed and received approvals for extensions to            
          file their 2001 return to October 15, 2002.  Petitioners’ 2001              
          return was received by the IRS on July 16, 2003.  Respondent had            
          no record of any return filed by petitioners for 2001 other than            
          the return received on July 16, 2003.                                       
               The copy of the return offered into evidence at trial bears            
          the dates of October 12, 2002, on the signature lines for                   
          petitioners as well as the signature line of the return preparer.           
          The return also bears a bold stamp “Duplicate” on the front page            
          and at the bottom on the signature page (the second page).                  
          Petitioners contend the return was mailed on or about October 12,           
          2002, which was within the extended date granted petitioners for            







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