- 11 - of the tax shown on the individual’s return for that year (or, if no return is filed, 90 percent of the individual’s tax for such year), or (2) if the individual filed a return for the immediately preceding taxable year, 100 percent of the tax shown on that return. Sec. 6654(d)(1)(A) and (B). There are two mechanical exceptions to the applicability of the section 6654(a) addition to tax. First, as relevant to this case, the addition is not applicable if the tax shown on the individual’s return for the year in question (or, if no return is filed, the individual’s tax for that year) is less than $500. Sec. 6654(e)(1). Second, the addition is not applicable if the individual’s tax liability for the preceding taxable year was zero. Sec. 6654(e)(2). Respondent’s determination that petitioner underpaid his estimated taxes is based on petitioner’s tax liability as determined in the statutory notice of deficiency. This determination is correct with respect to taxable year 1990 because petitioner did not file a return for taxable year 1989 or 1990. Sec. 6654(d)(1)(B). However, this determination is incorrect with respect to taxable year 1989. Petitioner and his wife filed a joint Federal income tax return for taxable year 1988 which reflected gross income of $2,068 and a tax liability of zero. Thus, because 100 percent of petitioner’s 1988 tax liability as shown on his filed return was zero, petitioner was not required to make estimated tax payments for 1989. Sec. 6654(d)(1)(B)(ii).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011