- 8 - 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 meritPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011