Ronald A. Mason - Page 12




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               return.  I.R.C. �6651(b) does not state the tax shall                  
               be reduced by any payment of tax eventually claimed on                 
               the return as it does when I.R.C. �6651(b) addresses                   
               immediately after the above-quoted section the amount                  
               of any credit claimed on the return.                                   
                    Accordingly, neither the Internal Revenue Service                 
               nor this Court may ignore the statutory language which                 
               states such tax payments by Ron Mason “shall” reduce                   
               the tax upon which the penalty is calculated.  Thus,                   
               Ron Mason’s tax liability for 1996 must be reduced by                  
               the 1995 tax liability for 1996.  If there is no tax                   
               liability for 1996 then there is [sic] no additions to                 
               tax under I.R.C. ��6651(a)(1) and (a)(2). * * *                        
               The short answer to the above-quoted argument of petitioner            
          is that although petitioner overpaid his tax liability for 1995,            
          he is barred by the statute of limitations from applying that               
          overpayment as a credit to his tax liability for taxable year               
          1996, see sec. 6511(b)(2)(A), and the parties so stipulated.  The           
          parties also stipulated that petitioner underpaid his tax for his           
          taxable year 1996 in the amount of $40,882.69.                              
               The long answer to petitioner’s argument is that petitioner            
          misconstrues section 6651(b).  Contrary to the contentions of               
          petitioner, section 6651(b) is not “the subsection which actually           
          imposes the I.R.C. ��6651(a)(1) and (a)(2) penalties.”  As                  
          pertinent here, section 6651(b) states:                                     
               SEC. 6651. FAILURE TO FILE TAX RETURN OR TO PAY TAX.                   
                    (b) Penalty Imposed on Net Amount Due.–-For pur-                  
               poses of--                                                             
                    (1) subsection (a)(1), the amount of tax required                 
               to be shown on the return shall be reduced by the                      
               amount of any part of the tax which is paid on or                      
               before the date prescribed for payment of the tax and                  





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