Marc A. Mehner - Page 7

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          and the testimony of the revenue agent who audited petitioner,              
          both to the effect that respondent’s records do not indicate that           
          respondent has ever received a Federal income tax return from               
          petitioner for the subject year.  Petitioner, in turn, has failed           
          to meet his burden of proof.  Petitioner has never presented any            
          credible evidence indicating that he filed a 1997 tax return, nor           
          has he established that his failure to file the return was on               
          account of cause that is reasonable.  We hold that petitioner is            
          liable for the addition to tax under section 6651(a)(1).  See               
          United States v. Boyle, 469 U.S. 241, 245 (1985); Cluck v.                  
          Commissioner, 105 T.C. 324, 338-339 (1995).                                 
               2.  Section 6654(a)                                                    
               Section 6654 imposes an addition to tax on an underpayment             
          of estimated tax.  This addition to tax is mandatory unless the             
          taxpayer establishes that one of the exceptions listed in section           
          6654(e) applies.  Recklitis v. Commissioner, 91 T.C. 874, 913               
          (1988).                                                                     
               The record establishes that petitioner failed to pay the               
          required amount of estimated tax for 1997.  We conclude that                
          respondent has met his burden of production as to this issue.               
          Given that the record does not establish that any of the                    
          referenced exceptions applies, we conclude that petitioner has              
          failed to meet his burden of proof and sustain respondent’s                 








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