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The 1994 return shows a total tax due of $6,798.97 and
total payments of $9,871.12. Therefore, based on the 1994
return, petitioner overpaid her taxes for 1994 and did not have
an underpayment.
The record does not contain a copy of the 1995 return.
Nevertheless, the notice states that the total tax shown on the
1995 return is $13,431 and that petitioner made total payments of
$7,161. Therefore, the 1995 tax return reflected an underpayment
of tax in the amount of $6,270. Petitioner did not make payments
in 1995 that equaled 90 percent of the tax shown on the 1995
return. However, petitioner’s estimated tax payments in 1995 of
$7,161 were more than 100 percent of the tax that had been shown
on the 1994 tax return--$6,798.97. Therefore, we calculate that
petitioner satisfied the safe harbor provisions of section
6654(d)(1)(B). Respondent does not contest that the safe harbor
does not apply.
Decision will be entered
under Rule 155.
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Last modified: May 25, 2011