- 7 - the section 6651(a)(2) addition to tax cannot be sustained. Watt v. Commissioner, T.C. Memo. 1986-22.5 In the notice of deficiency, respondent applied section 6651(c)(1), which limits the addition under section 6651(a)(1) by 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 found that the additions to tax under section 6651(a)(2) are inapplicable, the additions to tax under section 6651(a)(1) should not have been adjusted. D. Section 6654 Addition to Tax for Failure To Pay Estimated Tax Section 6654(a) provides for an addition to tax in the case of any underpayment of estimated tax.6 Section 6654(a) does not 4(...continued) the Commissioner under sec. 6020(b) is treated as a return filed by the taxpayer for returns due after July 30, 1996, for purposes of sec. 6651(a)(2)”). The evidence in the instant case does not show that a substitute return was filed for the years at issue. Respondent stated in his trial memorandum that the examination in this case began on Sept. 5, 2000. Since the examination began after July 22, 1998, sec. 7491(c) applies and places the burden of production with respect to additions to tax upon respondent. 5The additions to tax under secs. 6651(a)(1) and (2) apply to different amounts: Sec. 6651(a)(1) applies to amounts required to be shown on a return, whereas sec. 6651(a)(2) applies to the amount actually shown on a return which remains unpaid. See Estate of Rauhoff v. Commissioner, T.C. Memo. 1982-494; sec. 301.6651-1(f), Example (1), Proced. & Admin. Regs. Congress recognized this in enacting sec. 6651(g) and in providing two different standards under subsections (a)(1) and (2) of sec. 6651. 6We have jurisdiction over the sec. 6654(a) additions to tax in this case because income tax returns were not filed for the (continued...)Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011