- 6 - The final issue for decision is whether petitioner is liable for the additions to tax imposed under section 6654. Respondent determined that petitioner was liable for additions to taxes under section 6654(a) for failure to pay estimated income tax for the years in issue. Where payments of tax, either through withholding or by making estimated quarterly tax payments during the course of the year, do not equal the percentage of total liability required under the statute, imposition of the addition to tax under section 6654 is automatic, unless petitioner shows that one of the statutory exceptions apply. 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 exception. Habersham-Bey v. Commissioner, 78 T.C. 304, 319-320 (1982). Petitioner has not sustained this burden. Petitioner's employer did not withhold any Federal income taxes from petitioner's 1989, 1990 or 1991 wages because petitioner filed "exempt" status. Petitioner did not make any estimated tax payments for the years in issue. Accordingly, we hold that petitioner is liable for the additions to tax under section 6654 for the years in issue. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011