- 5 - (failure to pay estimated tax). It is clear from the information available in these cases that petitioner failed to file timely returns. In addition, petitioner has offered no evidence or sound explanation as to why these additions to tax should not be imposed. In view of the foregoing, we hold that the additions to tax under sections 6651(a)(1) and 6654(a) for the taxable year 1993, and section 6651(a)(1) for the taxable year 1994 are sustained. Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435 (1934); Welch v. Helvering, 290 U.S. 111 (1933). Finally, respondent orally moved for a penalty under section 6673. Section 6673(a)(1) authorizes the Court to require a taxpayer to pay the United States a penalty not exceeding $25,000 when a taxpayer institutes or maintains a proceeding primarily for delay or where the taxpayer's position is frivolous or groundless, or the taxpayer unreasonably failed to pursue available administrative remedies. Respondent did not seek a specific amount and instead moved generally for a penalty under section 6673. At trial, petitioner offered a trial memorandum, which the Court received and filed as a response to respondent's motion for summary judgment. In that document, petitioner attempted to characterize her dispute with respondent as one where she "believes the income tax to be an excise tax." The document 2(...continued) application of sec. 6651(a)(2) was in error.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011