- 22 - Based on the foregoing, we conclude that respondent established a prima facie case that the determination of 25- percent additions to tax under section 6651(a)(1) with respect to Dr. Trowbridge for the years 1994 and 1995, and with respect to Ms. Martin for the years 1991-95, is appropriate, thereby satisfying section 7491(c). In the absence of any evidence refuting that prima facie case (such as reasonable cause or lack of willful neglect on the part of either petitioner), we conclude that petitioners are liable for such additions to tax. Except as noted below,12 we also accept respondent’s computation of the amounts of those additions as set forth in the notices of deficiency. 3. Respondent’s Section 6654 Determinations As relevant to his section 6654 determinations, respondent introduced into evidence Dr. Trowbridge’s invalid return for 1993 in addition to the evidence of invalid and nonexistent returns discussed above in the context of his section 6651(a)(1) determinations. Respondent also produced evidence that, aside 11(...continued) property State). Respondent also properly credited Ms. Martin with her earned income credit for 1995. See sec. 6651(b)(1). 12 Respondent inexplicably based his 1992 sec. 6651(a)(1) computation for Ms. Martin on tax of $8,764 rather than the $8,740 amount of tax that appears elsewhere in the notice of deficiency issued to her. The correct amount of such addition shall be the subject of a Rule 155 computation.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011