Claudia J. Miner - Page 15




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          of section 7491(c), which requires respondent to meet the burden            
          of production, not to treat notices of deficiency as self-                  
          proving.  Respondent produced no other evidence of petitioner’s             
          tax payment history for 1996-98.5                                           
               We conclude that respondent did not meet the burden of                 
          production under section 7491(c) and therefore hold that                    
          petitioner is not liable for, as to, the addition to tax under              
          section 6654.  To reflect the foregoing and concessions of the              
          parties,                                                                    
                                                       Decision will be               
                                                  entered under Rule 155.             







               5  In contrast, in Patton v. Commissioner, T.C. Memo. 2001-            
          256, the Commissioner submitted the taxpayer’s Forms W-2, the               
          taxpayer’s transcript of account listing Forms 1099B, 1099S,                
          1099DIV, and 1099INT received by the IRS for the years in issue             
          (which indicated that no Federal income tax was withheld), and              
          the declaration of the revenue agent made under penalties of                
          perjury in which he swore that the taxpayer did not pay tax                 
          during the years in issue.  We held that the Commissioner met the           
          burden of production as to the addition to tax under sec. 6654              
          for failure to pay estimated tax.  See also Motley v.                       
          Commissioner, T.C. Memo. 2001-257 (Commissioner produced                    
          transcripts of account and the Appeals officer’s testimony that             
          the IRS had no record of the taxpayer’s making estimated tax                
          payments).  In accord, Dimon v. Commissioner, T.C. Memo. 2002-105           
          (the record established that the taxpayers made no estimated tax            
          payments, except for a nominal amount withheld from wages, for              
          the year in issue); Howard v. Commissioner, T.C. Memo. 2002-85              
          (the record established that the taxpayer underpaid the estimated           
          tax due for the year in issue).                                             





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