Gary T. Mackey - Page 11

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          and September 15 of that year and January 15 of the following               
          year, sec. 6654(c)(2), and the interest charge on any                       
          underpayment runs from the due date of the installment to April             
          15 of the following year (or to the date of payment, if earlier),           
          sec. 6654(b)(2).                                                            
               There are two mechanical exceptions to the applicability of            
          the section 6654 addition to tax.  First, as relevant to this               
          case, the addition is not applicable if the tax shown on the                
          individual’s return for the year in question (or, if no return is           
          filed, the individual’s tax for that year), reduced for these               
          purposes by any allowable credit for wage withholding, is less              
          than $500.5  Sec. 6654(e)(1).  Second, the addition is not                  
          applicable if the individual’s tax for the preceding taxable year           
          was zero.  Sec. 6654(e)(2).                                                 
               B.  Section 7491(c)                                                    
               Section 7491(c) imposes the burden of production in any                
          court proceeding (i.e., the burden of moving forward with                   
          evidence) on the Commissioner with respect to the liability of              
          any individual for penalties and additions to tax.6  In order to            

               5  Effective for taxable years beginning after Dec. 31,                
          1997, the threshold amount is $1,000.  Taxpayer Relief Act of               
          1997, Pub. L. 105-34, sec. 1202, 111 Stat. 994.  Respondent is no           
          longer asserting additions to tax under sec. 6654 for                       
          petitioner’s 1998 and 1999 taxable years.                                   
               6  Sec. 7491(c) applies to court proceedings arising in                
          connection with examinations commencing after July 22, 1998.                
          Internal Revenue Service Restructuring and Reform Act of 1998,              
                                                             (continued...)           




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