- 9 - him as a nonemployee instead of an employee. He was confused as to why Carolina Acoustical did not issue him a Form W-2 when he worked for the company. We do not find petitioner's testimony regarding his failure to file persuasive. Petitioner received Forms W-2 from both Marion Tile, Inc. and Brisson Flooring, Inc., which together paid petitioner almost $5,500 in income. At the very least, petitioner knew this $5,500 was reportable income. Furthermore, petitioner was advised by officials at the IRS that he was to file his return using the Form 1099. Petitioner has failed to show he had reasonable cause for his failure to file a Federal income tax return for 1989, and is liable for the section 6651(a)(1) addition to tax as determined by respondent. III. Section 6654 Addition to Tax Section 6654 provides for an addition to tax when there is an underpayment of estimated tax. This addition to tax is mandatory and automatic, subject to certain exceptions provided by section 6654(e). Grosshandler v. Commissioner, 75 T.C. 1 (1980). Petitioner failed to offer any evidence that he fits within any of the listed exceptions. Respondent's determination that petitioner is liable for the section 6654 addition to tax is sustained.2 2Respondent has taken into account the $884.89 withheld by Marion Tile, Inc. and Brisson Flooring, Inc. in computing the (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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