Simone Joye - Page 17




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          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.                





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