James F. McGuirl - Page 14




                                       - 14 -                                         
          1.6654-1(a), Income Tax Regs.  However, no addition to tax is               
          imposed under section 6654(a) if one of the exceptions set forth            
          in section 6654(e) is satisfied.                                            
               Under section 6654(e)(2), no addition to tax is imposed                
          under section 6654(a) if:  (1) The taxpayer's preceding taxable             
          year was a taxable year of 12 months; (2) the taxpayer did not              
          have any tax liability for the preceding taxable year; and (3)              
          the taxpayer was a citizen or resident of the United States                 
          throughout the preceding taxable year.  Petitioner's 1992 taxable           
          year was a taxable year of 12 months.  Petitioner's joint Federal           
          income tax return for the taxable year 1992, as stipulated to by            
          the parties, reflects zero tax liability.  In addition,                     
          petitioner was a resident of the United States throughout 1992.             
          Consequently, the exception under section 6654(e)(2) applies with           
          respect to the 1993 taxable year.  We hold that petitioner is not           
          liable for the addition to tax under section 6654(a).                       
               We have considered all of petitioner's arguments and, to the           
          extent not discussed above, find them to be without merit.                  
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             under Rule 155.                          











Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  

Last modified: May 25, 2011