-6- reasonable attempt to satisfy the requirements of the tax law". Id. Accordingly, we find that petitioner's purported return does not constitute a return for purposes of section 6651. Petitioner offered no evidence to show that his failure to file a timely return was due to reasonable cause and not willful neglect, and we therefore sustain respondent's imposition of the addition to tax under section 6651(a)(1). 4. Section 6654 Failure To Pay Estimated Tax Where payments of tax, either through withholding or by making estimated quarterly tax payments during the course of the year, do not equal the amount required under the statute, imposition of the addition to tax under section 6654 is automatic, unless the taxpayer 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 to show qualification for such exception. Habersham-Bey v. Commissioner, 78 T.C. 304, 319- 320 (1982). Petitioner has not sustained his burden; therefore, we hold that he is liable for the addition to tax under section 6654 for the 1992 taxable year. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011