Stephan Et Ux. v. Commissioner of Internal Revenue

RIVES, Circuit Judge.

On petition for review of a decision of the Tax Court reported as 16 T.C. 1157, a single question is presented for decision, viz.:

Whether the addition of the full 10% penalty provided by Section 294(d) (1) (B) of the Internal Revenue Code 1 for the failure to pay the estimated tax was prevented by the filing of the final return two months after the estimated declaration.

Carl Stephan and Evelyn Stephan, husband and wife, were taxpayers who made their returns on a fiscal year running from September 1, 1944 to August 31, 1945. On or about November 15, 1944, they filed a…