- 23 - income in amounts sufficient to require her to file returns for the years at issue. Petitioner has not established that her failure to file a return was due to reasonable cause and not willful neglect, and we sustain the section 6651(a)(1) additions to tax as determined. Section 6651(a)(2) provides for an addition to tax in the case of a failure to pay an amount of tax shown on any return. Respondent claims that he has met his burden of production under section 7491(c) with respect to the section 6651(a)(2) additions to tax. In his opening brief at 11, his complete argument was as follows: Respondent has met his burden of production with respect to asserted I.R.C. �� 6651(a)(1), (a)(2), and 6654 additions to taxes. By I.R.C. � 7491(c) Respondent has the burden of production with respect to any penalty, addition to tax, or additional amounts. The “burden of production” is not the same as the “burden of proof.” The burden of production is less strenuous than the burden of proof, requiring only that Respondent come forward with sufficient evidence indicating that it is appropriate to impose the relevant penalty or addition to tax. Higbee v. Commissioner, 116 T.C. at 446-47. Respondent has shown that Petitioner did not file any income tax returns during these years and that she earned sufficient income to require her to file returns. (Exhibit 5-R, Certified Certificate of No Record; Prof. Exs. 7-R, 8-R, 9-R; Presumption of Correctness, see Argument I.) Thus, Respondent’s burden of production has been met. See Higbee v. Commissioner, 116 T.C. at 446-47; Lutz v. Commissioner, T.C. Memo. 2002-89.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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