- 6 - individual for additions to tax. To meet his burden of production, the Commissioner must come forward with sufficient evidence indicating that it is appropriate to impose this addition to tax.2 See Higbee v. Commissioner, 116 T.C. 438, 446 (2001). In addition to filing the answer, respondent submitted, and the Court received as evidence, petitioner’s transcripts of account for 1994, 1995, and 1996. Respondent also called Appeals Officer Steve Henstridge to testify about the additions to tax determined by respondent. 1. Section 6651(a)(1). Failure To File Section 6651(a)(1) imposes an addition to tax for failure to file a return on the date prescribed (determined with regard to any extension of time for filing), unless the taxpayer can establish that such failure is due to reasonable cause and not due to willful neglect. The transcripts of account indicate that the Internal Revenue Service (IRS) did not receive returns from petitioner for 1994, 1995, and 1996. Additionally, Appeals Officer Henstridge testified that he reviewed petitioner’s 2 We do not decide herein whether the Commissioner could meet the burden of production if he did not produce any evidence when the taxpayer failed to appear for trial. For example, it might be possible for the Commissioner to satisfy the burden of production under sec. 7491(c) without presenting any evidence if the answer contained “well-pleaded facts”. Smith v. Commissioner, 91 T.C. 1049, 1056-1057, 1058-1059 (1988), affd. 926 F.2d 1470 (6th Cir. 1991). We, however, leave that decision for another day.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011