Fortunato J. Mendes - Page 28

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          otherwise would, in effect, negate the application of the portion           
          of section 6654(d)(1)(B)(i) that defines the term “required                 
          annual payment” “if no return is filed” as “90 percent of the tax           
          for * * * [the taxable] year”.  As regards any taxable year for             
          which the taxpayer failed to file a return and received a                   
          deficiency notice that included a proposed section 6654 addition            
          to tax, the taxpayer would be able to negate the addition to tax            
          simply by filing a return for that year that showed a tax                   
          liability less than the quarterly estimated payments actually               
          made or, if none had been made, that showed a zero tax liability.           
          Such a result is inconsistent with both the purpose and function            
          of section 6654(d)(1)(B)(i).                                                
               In Evans Cooperage Co. v. United States, 712 F.2d 199 (5th             
          Cir. 1983), the Court of Appeals for the Fifth Circuit                      
          characterized as a “safe harbor” the provision of the corporate             
          estimated tax that shields a corporation from an addition to tax            
          if the estimated tax paid during the year is at least equal to              
          the amount of tax shown on the return of the corporation for the            
          preceding taxable year (section 6655(d)(1), during 1976 and 1977,           
          the audit years in that case).  Id. at 201.  The Court of Appeals           
          described and commented on the legislative purpose of the                   


               14(...continued)                                                       
          6654(d)(1)(B)) with respect to which the filing of a valid return           
          gives rise to (or limits) specific rights or actions of either              
          the taxpayer or the Government.                                             





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