Eugene J. Monaghan - Page 5




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          return for 1996 and offered no evidence showing that his failure            
          to file was due to reasonable cause and not due to willful                  
          neglect.  Accordingly, we hold that petitioner is liable for the            
          addition to tax under section 6651(a)(1).                                   
               B.  Section 6651(a)(2):  Failure To Pay                                
               Respondent also determined that petitioner is liable for an            
          addition to tax pursuant to section 6651(a)(2) for 1996.                    
               Petitioner presented no evidence or argument that the                  
          addition was improper.  Additionally, petitioner did not present            
          evidence indicating that his failure to pay was due to reasonable           
          cause and not due to willful neglect.  Accordingly, on this                 
          issue, we sustain respondent’s determination.                               
               C.  Section 6654(a):  Failure To Pay Estimated Tax                     
               Respondent determined that petitioner is liable for an                 
          addition to tax pursuant to section 6654(a) for 1996.  Section              
          6654(a) imposes an addition to tax for failure to pay estimated             
          income tax.  Petitioner did not offer any evidence at trial                 
          related to this issue and failed to address it on brief.                    
          Therefore, we sustain respondent’s determination on this issue.             
          III.  Section 6673(a)(1) Penalty                                            
               Section 6673(a)(1) authorizes this Court to require a                  
          taxpayer to pay to the United States a penalty not to exceed                
          $25,000 if the taxpayer took frivolous positions in the                     
          proceedings or instituted the proceedings primarily for delay.  A           






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