- 9 - 3. Addition for Failure To Pay Estimated Tax Petitioner admits that he did not pay estimated taxes on his income. He is therefore liable for an addition to tax under section 6654(a). Respondent properly included the failure to pay estimated taxes addition in the notice of deficiency. Where, as in the case at hand, no valid return for the taxable year was filed,5 these amounts are to be assessed, collected, and paid as taxes under section 6665(a)(1), and are subject to the deficiency procedures. Sec. 6665(b)(2). Because petitioner failed to file a valid return for the 1998 taxable year, it was proper for respondent to include the section 6654(a) addition in the notice of deficiency, and we have jurisdiction to determine whether petitioner is liable for the addition. We sustain respondent’s determination that petitioner is liable for a failure to pay estimated taxes addition under section 6654(a). 5It’s worth noting that respondent included the sec. 6654(a) addition to tax in the notice of deficiency even though respondent apparently thought that petitioner had filed a valid income tax return. We would have no jurisdiction to review the sec. 6654(a) addition to tax if petitioner had filed a valid income tax return. Sec. 6665(b). See also Estate of DiRezza v. Commissioner, 78 T.C. 19 (1982), for a discussion of the legislative history of sec. 6665(b)’s identical predecessor, former sec. 6659. In any event, it’s improper for respondent to include in the notice of deficiency (unless in the alternative) both a sec. 6654(a) addition for failure to pay estimated tax and a sec. 6662 accuracy-related penalty. The sec. 6662 penalty applies only if a valid return is filed, and the deficiency procedures can be used in connection with a sec. 6654(a) addition only if a valid return is not filed.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011