- 14 - The record demonstrates that petitioner was well aware of his obligation to file an income tax return but chose not to do so in pursuit of what can only be regarded as a protest against the Federal income tax. In our view, petitioner’s failure to file was willful. In view of the foregoing, we hold that petitioner is liable for the addition to tax under section 6651(a)(1). Respondent’s determination in this regard, modified as to amount, see supra note 1, is sustained. D. Addition to Tax for Failure To Pay Estimated Tax Petitioner contends that he is not liable for the addition to tax under section 6654(a). We disagree; petitioner’s contention is wrong, and it is frivolous in the context of this case. Section 6654 imposes an addition to tax for failure to pay estimated tax. As applicable herein, imposition of the addition is mandatory whenever prepayments of tax, either through withholding or the making of 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); Grosshandler v. Commissioner, 75 T.C. 1, 20-21 (1980). Thus, in the present case, we need not address any issue relating to reasonable cause and lack of willful neglect; extenuatingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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