- 6 - or reckless indifference.” United States v. Boyle, 469 U.S. 241, 245 (1985). Petitioner’s 1996 Federal income tax return was due on April 15, 1997. Petitioner did not file his 1996 Federal income tax return and offered no explanation for his failure to file his return. Petitioner failed to show that he exercised ordinary care and prudence in this case. Accordingly, petitioner is liable for the addition to tax under section 6651(a)(1) as determined in the notice of deficiency. Respondent also determined that petitioner is liable for an addition to tax pursuant to section 6654 for failure to pay estimated tax. If the payments of tax through withholding or the payment of estimated quarterly tax payments during the course of the year are not equal to the statutorily required amount then imposition of this addition is automatic, unless one of the statutory exceptions applies to the taxpayer. Sec. 6654(e); Grosshandler v. Commissioner, 75 T.C. 1, 20-21 (1980). We have jurisdiction to review this determination because the taxpayer did not file a return for 1996. Sec. 6665(b)(2); Meyer v. Commissioner, 97 T.C. 555, 562 (1991). Petitioner offered no evidence and made no argument on this issue. We conclude that petitioner is liable for the addition to tax for failure to pay estimated tax under section 6654 for 1996. Respondent is sustained on this issue. We now turn to respondent’s motion for damages under sectionPage: Previous 1 2 3 4 5 6 7 Next
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