Claudia J. Miner - Page 14




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               To meet the burden of production under section 7491(c),                
          respondent must produce evidence showing that it is appropriate             
          to impose the addition to tax under section 6654 in this case;              
          i.e., that petitioner underpaid or did not pay estimated tax for            
          1996-98.  To be liable for the addition to tax under section 6654           
          for a year in issue, petitioner must have underpaid or failed to            
          pay estimated tax for that year.  Sec. 6654(a).  To satisfy the             
          burden of production, respondent must produce evidence showing              
          that petitioner underpaid or failed to pay estimated tax for each           
          year in issue.                                                              
               Forms 1099 show that Dain Rauscher did not withhold any tax            
          for petitioner for 1996-98.  This suggests petitioner may have              
          been required to make estimated tax payments, but it does not               
          speak to whether she did so.                                                
               Respondent relies on the notices of deficiency as support              
          for the proposition that petitioner made no estimated tax                   
          payments for 1996-98.  The workpapers attached to the notices of            
          deficiency for 1996-98 show no tax credits, withholdings, or                
          estimated tax payments for petitioner for those years.                      
          Calculations attached to a notice of deficiency are not evidence            
          of the truth of the matters alleged therein.  Blanco v.                     
          Commissioner, 56 T.C. 512, 515 (1971); Fitzner v. Commissioner,             
          31 T.C. 1252, 1255 (1959); Blundon v. Commissioner, 32 B.T.A.               
          285, 288-289 (1935).  It is especially appropriate in the context           






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