John P. Trowbridge, Life Center Houston Business Trust, John P. Trowbridge, Trustee, and Life Choices Business Trust, John P. Trowbridge, Trustee - Page 24

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          with the summary judgment motion Dr. Trowbridge’s (invalid) 1995            
          Form 1040, authenticated by affidavit of respondent’s counsel.22            
          Respondent also produced evidence that Dr. Trowbridge did not               
          make any timely payments (actual or deemed, see supra note 17) in           
          respect of his 1996 or 1997 income taxes that could be applied              
          against his required annual payments.                                       
               Given the foregoing evidence regarding invalid returns, the            
          general applicability of the estimated tax provisions to Dr.                
          Trowbridge’s respective 1996 and 1997 taxable years depends on              
          whether Dr. Trowbridge’s actual (rather than reported) tax for              
          those years is greater than zero.  See sec. 6654(d)(1)(B).                  
          Similarly, the availability of the $500 de minimis exception with           
          respect to either such year is determined by reference to Dr.               
          Trowbridge’s actual (rather than reported) tax for each such year           
          (less any allowable wage withholding credit).  See sec.                     
          6654(e)(1).  As relevant to the application of section                      
          6654(d)(1)(B), our disposition herein of the default motion                 
          establishes that Dr. Trowbridge’s tax for each of 1996 and 1997             
          is indeed greater than zero.  As relevant to the application of             
          section 6654(e)(1), such disposition establishes that                       


               22  As referenced in our findings of fact, Dr. Trowbridge’s            
          1995 Form 1040 includes a disclaimer statement that is                      
          substantially identical to the disclaimers attached to his                  
          initial 1996 and 1997 Forms 1040.  On that basis, we conclude               
          that Dr. Trowbridge’s 1995 Form 1040 is not a valid return.  See            
          Williams v. Commissioner, 114 T.C. 136, 143 (2000).                         




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