Thomas Edwards - Page 15




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               C.  Section 6654: Failure To Pay Estimated Income Tax                  
               Section 6654 imposes an addition to tax for failure to make            
          timely and sufficient payments for estimated taxes.  Petitioner             
          challenged the applicability of each addition to tax respondent             
          determined.  Therefore, in order to satisfy his burden of                   
          production under section 7491(c) for the section 6654 addition to           
          tax, respondent must produce the evidence necessary to enable the           
          Court to conclude that petitioner had an obligation to make an              
          estimated tax payment.  Wheeler v. Commissioner, 127 T.C. 200,              
          211 (2006).  Specifically, respondent must produce evidence                 
          showing that petitioner had a “required annual payment” as                  
          defined by section 6654(d)(1)(B) for the year at issue.  Id.                
               Under section 6654(d)(1)(B), “required annual payment” means           
          the lesser of--                                                             
                    (i) 90 percent of the tax shown on the return for                 
                    the taxable year (or, if no return is filed, 90                   
                    percent of the tax for such year), or                             
                    (ii) 100 percent of the tax shown on the return of                
                    the individual for the preceding taxable year.                    
               Clause (ii) shall not apply if the preceding taxable                   
               year was not a taxable year of 12 months or if the                     
               individual did not file a return for such preceding                    
               taxable year.                                                          
               Petitioner did not file a tax return for 2000.  Therefore,             
          under the flush language of section 6654(d)(1)(B), clause (ii)              
          does not apply with respect to determining the required annual              
          payment for 2001.  Petitioner had a tax liability for 2001 but              







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