- 14 - Consequently, neither the BATF transfer nor the implementing regulations argument helps petitioner. They provide no grounds to deny respondent's motion for summary judgment, nor do they justify petitioner's refusal to provide responsive answers to respondent's proposed stipulations and requests for admission. 1. The Deficiencies and Additions to Tax for Failure To Pay Estimated Tax Under Section 6654 for Tax Years 1982-88 Respondent's determinations of income tax deficiencies in the notice of deficiency are presumed correct, and it is petitioner's burden to prove that they are incorrect. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). The section 6654 addition to tax for failure to pay estimated tax is mandatory unless petitioner establishes that a statutory exception applies. Grosshandler v. Commissioner, 75 T.C. 1, 20-21 (1980). Throughout these proceedings, petitioner has refused to offer any evidence directed towards the deficiencies or the section 6654 additions to tax as determined in the notice of deficiency. Moreover, for the reasons stated previously, 12(...continued) Secretary were to do nothing, the Act itself would impose no penalties on anyone. However, the Supreme Court was therein describing the particular statutory scheme of the Bank Secrecy Act of 1970, under which regulations were required to be promulgated before the penalties in the statute could attach. The situation in the instant case is clearly distinguishable. As discussed supra, the authority being exercised with respect to petitioner is expressly provided by statute. Such authority is not preconditioned on the promulgation of regulations, as were the penalties in California Bankers.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011