Jeffrey Paul Schmidt - Page 8

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          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.                  




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