Daniel E. Spurlock - Page 13

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          to say” whether he made estimated tax payments.  In his petition,           
          petitioner alleges that he was not required to pay estimated                
          taxes for any year at issue.  Given that petitioner has shown no            
          propensity to pay taxes he is required to pay, we believe it a              
          fair inference that petitioner would not have paid estimated                
          taxes that he did not believe he was required to pay.                       
          Accordingly, on this record, we conclude that for the years at              
          issue petitioner made no estimated tax payments with respect to             
          his nonemployee compensation.                                               
               Petitioner does not qualify for any of the exceptions listed           
          in section 6654(e).9  Accordingly, we sustain respondent’s                  
          assertion of section 6654 additions to tax as set forth in the              



               9 On brief, petitioner suggests, with little elaboration and           
          without reference to any supporting facts in the record, that he            
          might qualify for the exceptions under sec. 6554(e)(1), involving           
          situations where the tax amount is small (generally $500 ($1,000            
          for tax years beginning after Dec. 31, 1997), after taking into             
          account the sec. 31 credit for taxes withheld on wages), and sec.           
          6654(e)(2), involving situations where there is no tax liability            
          for the preceding year.  We disagree.  We have held that                    
          petitioner is liable for deficiencies for each year at issue;               
          these deficiencies, net of withholding on petitioner’s wages as             
          evidenced in the record, exceed the relevant sec. 6654(e)(1)                
          thresholds.  Accordingly, petitioner does not qualify for the               
          sec. 6654(e)(1) exception.  Similarly, our holding with respect             
          to the deficiencies means that at least for each year after 1994,           
          petitioner had a tax liability for the preceding year, so as to             
          render the sec. 6654(e)(2) exception inapplicable.  With respect            
          to the 1994 sec. 6654 addition to tax, under petitioner’s own               
          theory respondent has no more than the burden of production.  The           
          burden remains upon petitioner to establish the applicability of            
          any exceptions.  See Higbee v. Commissioner, 116 T.C. 438, 446              
          (2001).  Petitioner has failed to do so.                                    





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