Eryck C. Aston - Page 9

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          sufficient to persuade the Court that respondent’s determination            
          is incorrect or that an exception applies.  Rule 142(a); Welch v.           
          Helvering, 290 U.S. at 115; see Higbee v. Commissioner, supra at            
          447.                                                                        
               Petitioner presented no evidence that he timely filed a                
          return for 1999 or that his failure to file was due to reasonable           
          cause and not due to willful neglect.  We hold that petitioner is           
          liable for the addition to tax pursuant to section 6651(a)(1).              
               B.   Section 6654(a)                                                   
               Section 6654 imposes an addition to tax for failure to pay             
          estimated income tax.  Respondent submitted petitioner’s Form W-            
          2, Wage and Tax Statement, for 1999 from Kmart and a Form 4340,             
          Certificate of Assessments, Payments, and Other Specified                   
          Matters, for petitioner’s 1999 tax year.  The forms indicate that           
          petitioner did not have any Federal income tax withheld and did             
          not make any estimated income tax payments for 1999.  We conclude           
          that respondent satisfied his burden of production regarding this           
          issue.  Thus, petitioner must come forward with evidence                    
          sufficient to persuade the Court that respondent’s determination            
          is incorrect or that an exception applies.  Rule 142(a); Welch v.           
          Helvering, supra at 115; see Higbee v. Commissioner, supra at               
          447.                                                                        
               Petitioner presented no evidence that he had any income tax            
          withheld, paid any estimated income taxes for 1999, or that an              






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