Carolyn M. Fankhanel - Page 24

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          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.              




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