Rodney L. Burr - Page 20




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          the amount of the addition under section 6651(a)(2) for any month           
          to which an addition applies under both of those provisions.                
          Since we have not sustained the additions to tax under section              
          6651(a)(2) for 1995 and 1996, the additions to tax under section            
          6651(a)(1) for those years are not subject to the limitation in             
          section 6651(c)(1).  See Heisey v. Commissioner, T.C. Memo. 2002-           
          41.                                                                         
          Additions to Tax Under Section 6654                                         
               Respondent determined that, for both years at issue,                   
          petitioner is liable for the section 6654 addition to tax for               
          failure to pay estimated income taxes.  This addition to tax is             
          mandatory unless petitioner shows that one of the statutorily               
          provided exceptions applies.  See Grosshandler v. Commissioner,             
          75 T.C. 1, 20-21 (1980); Chambers v. Commissioner, T.C. Memo.               
          2000-218.  As the 1995 and 1996 returns show that petitioner’s              
          estimated taxes for those years fell substantially short of the             
          income tax liabilities reported thereon, we find that respondent            
          has satisfied his burden of production under section 7491(c).               
          Petitioner has not introduced any evidence to support a finding             
          that respondent’s determinations with respect to the section 6654           
          addition are erroneous or that any of the statutory exceptions              
          apply.  Accordingly, we sustain the determinations.                         










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