Dennis R. Andrews - Page 13

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          neglect.  To the contrary, his asserted reasons for refusing to              
          file returns are patently frivolous.  Consequently, we sustain               
          respondent's determination that petitioner is liable for the                 
          additions to tax under section 6651(a)(1) for the years 1991                 
          through 1994.                                                                
          4.  Section 6654 Failure To Pay Estimated Tax                                
               For each year in issue respondent determined that petitioner            
          is liable for the additions to tax under section 6654 for his                
          failure to make estimated tax payments.  Where payments of tax,              
          either through withholding or by making estimated quarterly tax              
          payments during the course of the year, do not equal the amount              
          required under the statute, imposition of the addition to tax                
          under section 6654 is automatic, unless the taxpayer shows that              
          one of the statutory exceptions applies.  Niedringhaus v.                    
          Commissioner, 99 T.C. 202, 222 (1992); Grosshandler v.                       
          Commissioner, 75 T.C. 1, 20-21 (1980).  Petitioner bears the                 
          burden to show qualification for such exception.  Habersham-Bey              
          v. Commissioner, 78 T.C. 304, 319-320 (1982).  The record does               
          not show that he qualifies for any exception; therefore, we hold             
          that he is liable for the additions to tax under section 6654 for            
          the 1991 through 1994 taxable years.                                         
               To reflect the foregoing,                                               
                                              Decision will be entered                 
                                        under Rule 155.                                





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