Bryant Keith Adams - Page 14

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          Although petitioner has provided a reason for failing to file his           
          2002 return, he has not provided a reason for which his failure             
          to file can be excused.  Respondent has carried his burden of               
          producing evidence to show the applicable addition to tax is                
          appropriate.  Petitioner has failed to show that he exercised               
          ordinary business care and prudence in this case.  We conclude              
          petitioner is liable for the addition to tax pursuant to section            
          6651(a)(1) with respect to taxable year 2002.  Because of                   
          respondent’s concession, the addition to tax pursuant to section            
          6651(a)(1) applicable to taxable year 2002 requires computation.            
               b.  Section 6654(a)                                                    
               Respondent also determined that petitioner is liable for an            
          addition to tax for the underpayment of estimated tax pursuant to           
          section 6654(a) for taxable year 2002.                                      
               Section 6654(a) provides that in the case of an underpayment           
          of estimated tax by an individual, there shall be added to the              
          tax an amount determined 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               






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