David Furniss - Page 7




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               Petitioner did not file Federal income tax returns or                  
          applications for extensions of time to file for 1990, 1994, or              
          1996.  Petitioner stated in his petition that he was not liable             
          for penalties as determined by respondent.  The record is devoid            
          of any evidence establishing a reasonable cause for his failure             
          to file a return; thus, we hold petitioner is liable for the                
          section 6651(a)(1) addition to tax.                                         
          IV. Section 6654(a) Addition to Tax                                         
               Section 6654(a) imposes an addition to tax in the case of              
          any underpayment of estimated tax by an individual.  Unless a               
          statutory exception applies, the addition to tax under section              
          6654(a) is mandatory.  See sec. 6654(a), (e); Recklitis v.                  
          Commissioner, 91 T.C. 874, 913 (1988); Grosshandler v.                      
          Commissioner, 75 T.C. 1, 20-21 (1980); Estate of Ruben v.                   
          Commissioner, 33 T.C. 1071, 1072 (1960) (“This section has no               
          provision relating to reasonable cause and lack of willful                  
          neglect.  It is mandatory and extenuating circumstances are                 
          irrelevant.”).  None of the statutory exceptions under section              
          6654(e) applies in this case.  Petitioner stated in his petition            
          that he was not liable for penalties as determined by respondent,           
          but presented no further argument regarding payments of estimated           
          tax.  We thus hold petitioner liable for the section 6654(a)                
          addition to tax.                                                            








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