- 11 - for additions to tax pursuant to section 6651(a)(1) and (2). Section 6654 imposes an addition to tax for failure to pay estimated income tax. Section 6654(e), however, provides that the addition to tax pursuant to section 6654(a) shall not be imposed when: (1) By reason of casualty, disaster, or other unusual circumstances the imposition of such addition to tax would be against equity and good conscience, or (2) when the taxpayer became disabled in the taxable year for which estimated payments were required to be made (or in the taxable year preceding such year) and such underpayment was due to reasonable cause and not willful neglect. Sec. 6654(e)(3)(A) and (B). On the basis of the particular facts and circumstances present in this case, namely petitioner’s severe health problems and mental condition which incapacitated him during the years in issue, we conclude that an exception provided in section 6654(e) is applicable to Mr. Meyer for the years in issue. See Shaffer v. Commissioner, supra. Accordingly, we conclude that Mr. Meyer is not liable for the addition to tax pursuant to section 6654. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011