- 11 - with respect to penalties and additions to tax. Sec. 7491(c). To meet the burden of production under section 7491(c), the Commissioner must come forward with evidence showing that it is appropriate to impose the particular penalty but need not introduce evidence of elements such as reasonable cause or substantial authority. Higbee v. Commissioner, 116 T.C. 438, 446 (2001); H. Conf. Rept. 105-599, at 241 (1998), 1998-3 C.B. 747, 995. The request for an extension is not in the record, and, thus, we cannot tell how much tax petitioner estimated was due. There is no evidence to support respondent’s allegation that petitioner’s extension is invalid, or that petitioner did not properly estimate the amount of tax due and remit the estimated tax with the extension request. We conclude that respondent has failed to meet the burden of production under section 7491(c), that petitioner’s extension is valid, and that he is not liable for the addition to tax for failure to timely file his 1997 income tax return. E. Whether Petitioner Is Liable for the Accuracy-Related Penalty Taxpayers are liable for a penalty equal to 20 percent of the part of the underpayment attributable to negligence or disregard of rules or regulations. Sec. 6662(a) and (b)(1). Negligence includes failure to make a reasonable attempt to comply with internal revenue laws or to exercise ordinary and reasonable care in preparing a tax return. Sec. 6662(c).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011