Wayne Curtis McKee - Page 6

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               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.                     






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