Kevin H. Motley - Page 7




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          administrative file for the years in issue, and he concluded that           
          petitioner did not file returns and that there were no prepayment           
          credits to offset the tax petitioner owed.  He also testified               
          that the administrative file did not contain any tax returns.               
               On the basis of the evidence, we find as a fact that                   
          petitioner did not timely file his returns for the years in                 
          issue.  Petitioner did not present evidence indicating that his             
          failure to file was due to reasonable cause and not due to                  
          willful neglect.  Higbee v. Commissioner, supra at 446-447                  
          (stating that the taxpayer bears the burden of proof regarding              
          reasonable cause).  Accordingly, on this issue, we sustain                  
          respondent’s determination.                                                 
               2.   Section 6654.  Failure To Pay Estimated Tax                       
               Section 6654 imposes an addition to tax for failure to pay             
          estimated income tax.  The amount of the credit for withholding             
          is deemed to be a payment of estimated tax.  See sec. 6654(g).              
               In calculating the additions to tax, the statutory notices             
          of deficiency, which respondent attached to the answer, give                
          petitioner credit for withholding for 1994, 1995, and 1996.                 
          Additionally, Appeals Officer Henstridge testified that the IRS             
          had no record of petitioner’s making any estimated tax payments.            
               On the basis of the evidence, we conclude that respondent              
          has met his burden of production pursuant to section 7491(c)                
          regarding this issue.  Thus, petitioner must come forward with              






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