Creed J. Pearson - Page 13




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          taxpayer’s return for the preceding taxable year exceeds                    
          $150,000, a higher percentage may apply.  Sec. 6654(d)(1)(C).               
               Respondent has proven that petitioner (1) was required to              
          file returns for 1999 through 2003, (2) did not file returns for            
          those years, (3) had an obligation to pay tax for each of those             
          years, and (4) did not make any estimated tax payments for those            
          years or have any tax withheld.  Therefore, respondent has met              
          his burden of production with respect to taxable years 2000                 
          through 2003 because petitioner had a required annual payment               
          under section 6654(d)(1)(B) for each of those years.  Sec.                  
          7491(c).  Petitioner has provided no contrary evidence, and we              
          find that no exemption under section 6654(e) applies.                       
          Accordingly, we hold that petitioner is liable for the additions            
          to tax under section 6654 for taxable years 2000 through 2003.              
               With respect to taxable year 1999, petitioner stipulated               
          that he had a tax liability for 1998 and paid this liability, but           
          the record contains no evidence as to the amount of petitioner’s            
          tax liability for 1998.  We have held that the Commissioner must            
          introduce evidence showing whether a taxpayer filed a return for            
          the year preceding the year in issue and, if so, the amount of              
          the tax shown on the return, in order to meet his burden; without           
          that information, the Court cannot complete the comparison                  
          required by section 6654(d)(1)(B).  Wheeler v. Commissioner, 127            
          T.C. 200, 212 (2006); Smith v. Commissioner, T.C. Memo. 2007-121;           






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