Thomas S. Russo - Page 9




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          by applying the underpayment rate established under section 6621            
          to the amount of the underpayment for the period of the                     
          underpayment.  Unless the taxpayer demonstrates that one of the             
          statutory exceptions applies, imposition of the section 6654(a)             
          addition to tax is mandatory where prepayments of tax, either               
          through withholding or by making estimated quarterly tax payments           
          during the course of the taxable year, do not equal the                     
          percentage of total liability required under the statute.  See              
          sec. 6654(a); Niedringhaus v. Commissioner, 99 T.C. 202, 222                
          (1992).                                                                     
               There is no “reasonable cause” exception for the section               
          6654(a) addition to tax similar to that for the section 6651(a)             
          additions to tax.  Nothing in the record indicates petitioner               
          made the required amount of estimated tax payments for taxable              
          years 1995 and 1996, and petitioner does not argue, and the                 
          record does not indicate, that any of the statutory exceptions              
          apply.                                                                      
               The amount of the addition to tax under section 6654(a)                
          stated in the deficiency notice is based on the returns prepared            
          for petitioner by respondent prior to the filing of the notices             
          of deficiency.  Respondent now urges that the correct penalty               
          under section 6654(a) should be computed on the basis of the                
          higher amount of income and income tax stated on the Federal                
          income tax returns that petitioner filed for 1996, 1997, and 1998           
          after the mailing of the notices of deficiency and stipulated by            





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