- 25 - 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.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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