Creston Swaim - Page 6

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          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.                          








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