- 17 - abuse of discretion respondent’s determinations in the notice of determination not to abate interest under section 6404(e) for any of petitioner’s taxable years 1987, 1988, and 1989. De Novo Review It is respondent’s position that respondent has the burden of production under section 7491(c) with respect to petitioner’s liability for each of the years at issue for the additions to tax under section 6651(a)(1) and (2). Section 7491(c) provides: SEC. 7491. BURDEN OF PROOF. (c) Penalties.--Notwithstanding any other provi- sion of this title, the Secretary shall have the burden of production in any court proceeding with respect to the liability of any individual for any penalty, addi- tion to tax, or additional amount imposed by this title. Assuming, without deciding, that respondent has the burden of production with respect to petitioner’s liability for each of the years at issue for the additions to tax under section 6651(a)(1) and (2), on the record before us, we find that respondent has met respondent’s burden by coming forward with sufficient evidence indicating that it is appropriate to impose on petitioner such additions to tax for such years.5 See Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Section 6651(a)(1) imposes an addition to tax for failure to 5The parties stipulated that petitioner did not file timely her return for each of the years at issue and that, at least as of the date of trial in this case, petitioner had not paid timely any portion of her unpaid liability for each of those years.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011