- 45 - 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,Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011