Randal W. Howard - Page 12

                                        - 12 -                                        
          his wages and investments, with respect to his tax liability for            
          2000 or 2002.                                                               
               The addition to tax under section 6651(a)(1) for failure to            
          file is based on the amount of tax due.  Thus, respondent met the           
          burden of proving that petitioner is liable for the increased               
          addition to tax under section 6651(a)(1) by showing that                    
          petitioner had an increased deficiency for 2000 as described                
          above.                                                                      
               Respondent conceded that petitioner is not liable for the              
          addition to tax under section 6651(a)(2) for 2002.  Thus, section           
          6651(c)(1) (reducing the amount imposed by section 6651(a)(1) to            
          4.5 percent for any month in which both section 6651(a)(1) and              
          (2) are imposed) does not apply and the 5-percent rate does.                
          Respondent has established that petitioner is liable for the                
          addition to tax under section 6651(a)(1) for 2002 in an amount              
          greater than respondent determined in the notice of deficiency.             
               We conclude that petitioner is liable for additions to tax             
          for failure to file under section 6651(a)(1) of $874 for 2000 and           
          $1,940.25 for 2002, and failure to pay estimated tax under                  
          section 6654 of $175 for 2000 and $288.17 for 2002.                         
          E.   Penalty for Frivolous Positions or Instituting Proceedings             
               Primarily for Delay Under Section 6673                                 
               Respondent moved at trial to impose a penalty under section            
          6673.  The Court may impose a penalty of up to $25,000 if the               
          position or positions asserted by the taxpayer in the case are              





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011