Kevin R. Johnston - Page 45




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               Section 6654(a) provides for an addition to tax in the case            
          of any underpayment of estimated tax by an individual.  This                
          addition is mandatory absent a showing by the taxpayer that one             
          of the statutory exceptions applies.  See Grosshandler v.                   
          Commissioner, 75 T.C. 1, 20-21 (1980).                                      
               Petitioner did not pay any estimated tax for 1993, and he              
          has not shown that any exceptions apply.  Accordingly, the                  
          section 6654 addition applies, determined in accordance with the            
          rest of this opinion.                                                       
          VI.  Respondent’s Motion for Sanctions Under Rule 104                       
               Approximately 2 weeks before trial, respondent moved for               
          sanctions under Rule 104(c), in response to petitioner’s failure            
          to participate in discovery and to comply with the Court’s orders           
          concerning discovery.  At trial, respondent stated that the                 
          stipulations entered into by the parties had rendered this motion           
          moot.  In light of the stipulations and our holdings in this                
          case, we agree with respondent.  Respondent’s motion will be                
          denied as moot.                                                             
          VII.  Respondent’s Motion for a Penalty Under Section 6673                  
               Section 6673(a)(1) provides that whenever it appears that              
          the taxpayer has instituted or maintained proceedings in this               
          Court primarily for delay, or the taxpayer’s position in such               
          proceedings is frivolous or groundless, or the taxpayer                     
          unreasonably failed to pursue available administrative remedies,            





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Last modified: May 25, 2011