Timothy John Patton - Page 7




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          that the taxpayer bears the burden of proof regarding reasonable            
          cause).  Accordingly, on this issue, we sustain respondent’s                
          determination.                                                              
               2.   Section 6651(a)(2).  Failure To Pay                               
               Section 6651(a)(2) provides for an addition to tax where               
          payment of tax is not timely “unless it is shown that such                  
          failure is due to reasonable cause and not due to willful                   
          neglect”.  Under penalty of perjury, Revenue Agent Laakso swore             
          that respondent’s records reflect that petitioner failed to pay             
          income taxes for the years in issue.                                        
               Based upon the evidence, we find as a fact that petitioner             
          did not pay his taxes for the years in issue.  Petitioner did not           
          present evidence indicating that his failure to pay was due to              
          reasonable cause and not due to willful neglect.  See 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.                          
               3.   Section 6654.  Failure To Pay Estimated Tax                       
               Section 6654 imposes an addition to tax for failure to pay             
          estimated income tax.  Respondent submitted petitioner’s Forms              
          W-2 and petitioner’s transcript of account listing Forms 1099B,             
          1099S, 1099DIV, and 1099INT received by the IRS for 1996 and                
          1997.  The forms indicate that no Federal income tax was                    
          withheld.  On the basis of this evidence and the declaration of             






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