Magdy S. Ellabban - Page 12

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          reasonable cause under section 6651(a).  Manning v. Commissioner, 614       
          F.2d 815, 817 (1st Cir. 1980), affg. T.C. Memo. 1979-146; see Heman v.      
          Commissioner, 283 F.2d 227, 232 (8th Cir. 1960), affg. 32 T.C. 479          
          (1959) (erroneous belief that no tax is due is not reasonable cause         
          for failure to file fiduciary return).  There is no evidence that           
          petitioner tried to calculate his taxable income for 1990.  Petitioner      
          has not shown that he had reasonable cause under section 6651(a).  We       
          conclude that petitioner is liable for the addition to tax for failure      
          to file his 1990 return under section 6651(a).                              
          D.   Whether Petitioner is Liable for the Addition to Tax for Failure       
               to Pay Estimated Tax Under Section 6654                                
               The addition to tax for failure to pay estimated tax under             
          section 6654 is mandatory unless the taxpayer shows that he meets one       
          of the exceptions in section 6654(d), none of which apply here.             
          Baldwin v. Commissioner, supra at 871; Grosshandler v. Commissioner,        
          75 T.C. 1, 20-21 (1980).  Extenuating circumstances and reasonable          
          cause are not relevant under section 6654.  Baldwin v. Commissioner,        
          supra; Bagur v. Commissioner, 66 T.C. 817, 824 (1976), remanded on          
          other issues 603 F.2d 491 (5th Cir. 1979).  Petitioner did not argue        
          this issue on brief.  We conclude that he is liable for the addition        
          to tax for 1990 for failure to pay estimated tax.                           
               To reflect concessions and the foregoing,                              
                                                  Decision will be                    
                                             entered under Rule 155.                  






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