John P. Trowbridge, Life Center Houston Business Trust, John P. Trowbridge, Trustee, and Life Choices Business Trust, John P. Trowbridge, Trustee - Page 25

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          Dr. Trowbridge’s tax (less allowable wage withholding credits)              
          for each year far exceeds $500.                                             
              Our disposition of the default motion also precludes the                
         applicability of the section 6654(e)(2) exception (zero tax for              
         preceding year) with respect to Dr. Trowbridge’s 1997 taxable                
         year.  In that regard, although the record does not reveal Dr.               
         Trowbridge’s tax for 1995, we deem his 1995 Form 1040 (showing               
         tax of $133,977 and no tax credits) to be evidence that such tax             
         was greater than zero, which would render the section 6654(e)(2)             
         exception inapplicable to his 1996 taxable year as well.                     
              Based on the foregoing, and in the absence of any evidence              
         to the contrary, we conclude that Dr. Trowbridge was subject to              
         estimated tax with respect to each of his 1996 and 1997 taxable              
         years and that he made no timely payments in respect of such                 
         liability.  Thus, the amount of Dr. Trowbridge’s underpayment                
         with respect to each installment of his required annual payments             
         for those years is equal to the full amount of such installment.23           
         VI.  Section 6673 Penalty                                                    
              In pertinent part, section 6673(a)(1) provides:                         
              SEC. 6673.  SANCTIONS AND COSTS AWARDED BY COURTS.                      
                   (a) Tax Court Proceedings.--                                       


               23  In that regard, we accept respondent’s computation of              
          the 1997 addition to tax ($11,316), and we direct the parties to            
          determine the amount of the 1996 addition to tax on the basis of            
          Dr. Trowbridge’s 1996 tax (more precisely, 90 percent thereof),             
          determined in accordance with note 20, supra.                               




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