John Van Heemst - Page 43

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               Petitioner bears the burden of proving error in respondent’s           
          determination pursuant to section 6661(a).  Weis v. Commissioner,           
          94 T.C. 473, 490 (1990).  Petitioner presented no argument                  
          concerning his liability for the addition to tax provided by                
          section 6661(a).  The understatement of petitioner’s income tax             
          for 1987 was substantial.  On the record before us, we hold that            
          petitioner failed to carry his burden of proof with respect to              
          respondent’s determination pursuant to section 6661(a).                     
               Section 6654(a) Addition to Tax                                        
               Respondent also determined that, for 1988 and 1989,                    
          petitioner is liable for the addition to tax provided by section            
          6654(a) for failure to pay estimated income tax.  Imposition of             
          that addition to tax is mandatory where prepayments 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 by the statute, unless               
          petitioner shows that one of the several statutorily provided               
          exceptions applies.  Sec. 6654(a); Niedringhaus v. Commissioner,            
          99 T.C. at 222; Grosshandler v. Commissioner, 75 T.C. at 20-21.             
          For 1988 and 1989, petitioner filed no returns and made no                  
          estimated tax payments.  Petitioner has not shown that any of the           
          statutorily provided exceptions apply to him.   We therefore                
          sustain respondent’s determination of petitioner’s liability for            
          the addition to tax for failure to pay estimated income tax for             
          those years.                                                                




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