Andrew Heisey - Page 7




                                        - 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