- 8 - was due to reasonable cause. United States v. Boyle, 469 U.S. 241, 245-246 (1985). Petitioner bears the burden of proof on this issue. Rule 142(a); Baldwin v. Commissioner, 84 T.C. 859, 870 (1985). Petitioner failed to prove reasonable cause for his failure to file. Accordingly, the addition to tax for failure to file returns under section 6651(a) is sustained. Issue 4. Sec. 6654(a) Failure To Pay Estimated Tax Respondent determined that petitioner was liable for the addition to tax under section 6654(a) for failure to pay an estimated tax for 1989, 1990, and 1991. 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(a) is automatic, unless petitioner 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 of proving qualification for such exception. Habersham-Bey v. Commissioner, 78 T.C. 304, 319- 320 (1982). Petitioner has not met this burden. We therefore sustain respondent on this issue. To reflect the foregoing, An appropriate order will be issued, and decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011