Charles Vernon Roberts - Page 23

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          Commissioner, 92 T.C. 342, 350 (1989), affd. 898 F.2d 50 (5th               
          Cir. 1990).  Accordingly, we sustain respondent's determination.            
          Section 6654(a)                                                             
               Section 6654 imposes an addition to tax for failure to pay             
          estimated tax.  This addition to tax is mandatory unless a                  
          taxpayer is able to qualify under the specific exceptions set               
          forth in section 6654(d).  Grosshandler v. Commissioner, 75 T.C.            
          1, 20-21 (1980).  Reasonable cause and lack of willful neglect              
          are not defenses to this addition to tax.  Petitioner had no                
          income taxes withheld from his wages and made no estimated tax              
          payments during 1983.  Moreover, petitioner presented no evidence           
          that he falls within any of the enumerated exceptions under                 
          section 6654(d).  Accordingly, we sustain respondent's                      
          determination.                                                              
          Section 6661(a)                                                             
               Section 6661(a) provides a 10-percent addition to tax if               
          there is a substantial understatement of income tax.  An                    
          understatement is "substantial" if it exceeds the greater of 10             
          percent of the tax required to be shown for the taxable year or             
          $5,000.  In view of respondent's concession that petitioner is              
          taxable on one-half of the income, the amount of the deficiency             
          herein will not exceed $5,000.  Accordingly, we do not sustain              
          respondent's determination on this issue.                                   







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