Ronald C. Bachner - Page 13

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               Section 6653(a)(1) provides that "If any part of any                   
          underpayment (as defined in subsection (c)(1)) * * * is due to              
          negligence or intentional disregard of rules or regulations,                
          * * * there shall be added to the tax an amount equal to 5                  
          percent of the underpayment."  In determining the existence of an           
          underpayment, no credit is given for tax withheld and paid over             
          by the taxpayer's employer.  Sec. 6211(b)(1); Cirillo v.                    
          Commissioner, 314 F.2d 478, 484 (3d Cir. 1963), affg. in part and           
          revg. in part T.C. Memo. 1961-192; Bagby v. Commissioner, 102               
          T.C. 596, 607 (1994); Myers v. Commissioner, T.C. Memo. 1988-160;           
          Mighell v. Commissioner, T.C. Memo. 1985-135.  We previously held           
          that petitioner was liable for the addition to tax under section            
          6653(a)(1).  Nothing in the record, as supplemented, gives us               
          reason to change our prior holding.  While respondent now                   
          concedes that petitioner's Form 1040 for 1984 is a "return", the            
          position taken on this return is one frequently characterized as            
          a frivolous, time-worn, tax protesting device.  The addition to             
          tax under section 6653(a)(1) in the amount of $205 (5 percent of            
          $4,096) is part of petitioner's total 1984 tax liability "which             
          might have been properly assessed and demanded."  Lewis v.                  
          Reynolds, supra at 283.                                                     
               The difference between petitioner's total 1984 tax liability           
          of $4,301 and his payments of $4,396.95 is $95.95.  We hold that            







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