- 8 - by applying the underpayment rate established under section 6621 to the amount of the underpayment for the period of the underpayment. Unless the taxpayer demonstrates that one of the statutory exceptions applies, imposition of the section 6654(a) addition to tax is mandatory where prepayments of tax, either through withholding or by making estimated quarterly tax payments during the course of the taxable year, do not equal the percentage of total liability required under the statute. See sec. 6654(a); Niedringhaus v. Commissioner, 99 T.C. 202, 222 (1992). There is no “reasonable cause” exception for the section 6654(a) addition to tax similar to that for the section 6651(a) additions to tax. Nothing in the record indicates petitioner made the required amount of estimated tax payments for taxable years 1995 and 1996, and petitioner does not argue, and the record does not indicate, that any of the statutory exceptions apply. The amount of the addition to tax under section 6654(a) stated in the deficiency notice is based on the returns prepared for petitioner by respondent prior to the filing of the notices of deficiency. Respondent now urges that the correct penalty under section 6654(a) should be computed on the basis of the higher amount of income and income tax stated on the Federal income tax returns that petitioner filed for 1996, 1997, and 1998 after the mailing of the notices of deficiency and stipulated byPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011