- 2 - Held, further, the additions to tax under secs. 6651(a)(1) and 6654, I.R.C., are sustained. Held, further, sec. 6651(a)(2), I.R.C., provides for an addition to tax where a taxpayer fails to pay the amount shown as tax on any return. P did not file returns; however, under sec. 6651(g), I.R.C., a return R prepares pursuant to sec. 6020(b), I.R.C., is considered a return for purposes of the addition to tax under sec. 6651(a)(2), I.R.C. Under sec. 7491(c), I.R.C., R has the burden to initially come forward with evidence that it is appropriate to apply a penalty. R failed to introduce evidence that returns showing an amount of tax were prepared and subscribed in accordance with sec. 6020(b), I.R.C. See Millsap v. Commissioner, 91 T.C. 926 (1988); Phillips v. Commissioner, 86 T.C. 433 (1986), affd. in part and revd. in part on other grounds 851 F.2d 1492 (D.C. Cir. 1988). Accordingly, the additions to tax under sec. 6651(a)(2), I.R.C., do not apply. Gloria J. Spurlock, pro se. Frederick W. Krieg, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION RUWE, Judge: Respondent issued a notice of deficiency to petitioner in which he determined the following Federal income tax deficiencies and additions to tax: Additions to tax Year Deficiency Sec. 6651(a)(1)Sec. 6651(a)(2)Sec. 6654 1995 $2,747 $533.75 N/A $112.10 1996 5,082 1,125.68 To be determined. 265.81 1997 3,149 539.55 To be determined. 123.81 We previously denied petitioner’s motions for partial summary judgment in Spurlock v. Commissioner, 118 T.C. 155 (2002). InPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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