Alex Malesa - Page 7

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          reasonable cause and not willful neglect.  Sec. 6651(a)(1).                 
               Petitioner's 1990 Federal income tax return was due on April           
          15, 1991.  Sec. 6072(a).  Petitioner filed his 1990 Federal                 
          income tax return on April 15, 1993.  Petitioner has not offered            
          any evidence to show that the delay was due to reasonable cause.            
          We therefore sustain respondent's determination that petitioner             
          is liable for the 25-percent addition to tax under section                  
          6651(a)(1) for 1990.                                                        
               Section 6654 Failure To Pay Estimated Tax                              
               Where payments of tax, either through withholding or by                
          making estimated quarterly tax payments during the course of the            
          year, do not equal the amount required under the statute,                   
          imposition of the addition to tax under section 6654 is                     
          automatic, unless the taxpayer shows that one of the statutory              
          exceptions applies.  Niedringhaus v. Commissioner, 99 T.C. 202,             
          222 (1992); Grosshandler v. Commissioner, 75 T.C. 1, 20-21                  
          (1980).  Petitioner bears the burden to show qualification for              
          such an exception.  Habersham-Bey v. Commissioner, 78 T.C. 304,             
          319-320 (1982).  Petitioner has not sustained his burden;                   
          therefore, we hold that he is liable for the addition to tax                
          under section 6654 for the 1990 taxable year.                               
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             under Rule 155.                          






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