Randal W. Howard - Page 8




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          the correct deficiency amount for 1993.                                     
               Respondent also determined that petitioner is liable for               
          additions to tax pursuant to section 6654 for failure to pay                
          estimated taxes.  If the payments of tax through withholding or             
          the payment of estimated quarterly tax payments during the course           
          of the year are not equal to the statutorily required amount then           
          imposition of this addition to tax is automatic, unless one of              
          the statutory exceptions applies to the taxpayer.  See sec.                 
          6654(a); Grosshandler v. Commissioner, 75 T.C. 1, 20-21 (1980).             
          The burden of qualification for such exception is on the                    
          petitioner.  See Habersham-Bey v. Commissioner, 78 T.C. 304, 319-           
          320 (1982).  Petitioner has failed to show he qualifies for any             
          exception.  Accordingly, we hold that petitioner is liable for              
          additions to tax under section 6654 for the years 1994 and 1995.            
          Penalties                                                                   
               Section 6673 permits this Court to award a penalty of up to            
          $25,000 to the United States when the taxpayer has maintained or            
          instituted an action primarily for delay or the taxpayer’s                  
          position is frivolous or groundless.  See sec. 6673.                        
               This is not the first time petitioner has asserted baseless            
          arguments and used delay tactics.  Petitioner previously made the           
          same frivolous arguments in this Court and was admonished for               
          “[presenting] to the Court nothing more than tax protester                  
          rhetoric and legalistic gibberish, which have absolutely no merit           






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