- 5 - no bearing on his 1997 tax liability. This Court is a court of limited statutory jurisdiction and lacks general equitable powers. Commissioner v. McCoy, 484 U.S. 3, 7 (1987). Accordingly, we do not have jurisdiction over petitioner’s claims against the Federal Government arising from his 1990 felony conviction. Therefore, we sustain respondent’s determination of the deficiency. Respondent determined that petitioner is liable for an addition to tax pursuant to section 6651(a)(1) and an addition to tax pursuant to section 6654(a). Respondent bears the burden of production with respect to both additions to tax. Sec. 7491(c).2 To meet his burden of production, respondent must come forward with sufficient evidence indicating that it is appropriate to impose the relevant penalty. The burden of proof remains with petitioner. See Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). Section 6651(a)(1) imposes an addition to tax for failure to file a Federal income tax return, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. United States v. Boyle, 469 U.S. 241, 245 (1985). A 2The Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001, 112 Stat. 685, 726, added sec. 7491(c), which places the burden of production on the Secretary with respect to a taxpayer’s liability for penalties and additions to tax in court proceedings arising in connection with examinations commencing after July 22, 1998. Sec. 7491(c) applies because the examination in this case commenced in 1999.Page: Previous 1 2 3 4 5 6 7 8 Next
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