- 24 - determinations of additions to tax under section 6651(a)(1) are therefore sustained. B. Section 6654(a) Section 6654(a) imposes an addition to tax for failure to make timely estimated income tax payments. Section 6654(e) contains several computational exceptions to application of the addition to tax. Petitioner bears the burden of proving that she paid estimated tax or that any of the exceptions excuse her from paying estimated tax. See Rule 142(a). The estimated tax penalty is mandatory, unless petitioner can show that she qualifies for one of these exceptions. Grosshandler v. Commissioner, 75 T.C. 1, 20-21 (1980) (citing Estate of Ruben v. Commissioner, 33 T.C. 1071, 1072 (1960)). Respondent has determined that petitioner is liable for the addition to tax under section 6654(a) for each of the years 1983 through 1989 and 1991 through 1993. Petitioner has failed to show that she had paid estimated tax or that any of the exceptions apply. Respondent's determinations of additions to tax under section 6654(a) therefore are sustained. C. Section 6673(a)(1) 1. Introduction Section 6673(a)(1) provides that we may impose a penalty of up to $25,000 where, among other things, a taxpayer has instituted or maintained proceedings primarily for delay or where the taxpayer takes positions that are frivolous or groundless.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011