Fortunato J. Mendes - Page 24

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          report the income listed on the 1988 information returns mailed             
          to him.                                                                     
               We sustain respondent’s determination under section                    
          6653(a)(1).                                                                 
               C.  Respondent’s Section 6654 Determination                            
                    1.  Introduction                                                  
               Section 6654 provides for an addition to tax in the event of           
          an underpayment of a required installment of individual estimated           
          tax.  Sec. 6654(a) and (b).  As relevant to this case, each                 
          required installment of estimated tax is equal to 25 percent of             
          the “required annual payment”, which in turn is equal to the                
          lesser of (1) 90 percent of the tax shown on the individual’s               
          return for that year (or, if no return is filed, 90 percent of              
          his or her tax for such year), or (2) if the individual filed a             
          return for the immediately preceding taxable year, 100 percent of           
          the tax shown on that return.  Sec. 6654(d)(1)(A), (B)(i) and               
          (ii).  The due dates of the required installments for a calendar            
          taxable year are April 15, June 15, and September 15 of that year           
          and January 15 of the following year.  Sec. 6654(c)(2).  For                
          purposes of section 6654, an individual’s tax consists of income            
          tax and self-employment tax and is determined before the                    
          application of any wage withholding credit12 (but after the                 


               12  Under sec. 6654(g)(1), wage withholding credits are                
          treated as payments of estimated tax.                                       





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