- 15 - Petitioner testified he “filed a return every year”, including one for tax year 1996, which he mailed on August 15, 1997. However, he did not provide any supporting documentary evidence, such as a certified mail receipt,9 to establish he filed the return on that date. Nor did petitioner provide any evidence to establish he had reasonable cause for the failure to timely file.10 Respondent’s determination as to the addition to tax under section 6651(a) is sustained. 4. Addition to Tax Under Section 6654(a) for Failure To Pay Estimated Tax Section 6654(a) provides for an addition to tax “in the case of any underpayment of estimated tax by an individual”. This addition to tax is mandatory unless petitioner shows that one of the statutorily provided exceptions applies. See sec. 6654(e); Grosshandler v. Commissioner, 75 T.C. 1, 20-21 (1980). There is no exception for reasonable cause or lack of willful neglect. Estate of Ruben v. Commissioner, 33 T.C. 1071, 1072 (1960). Petitioner did not remit any estimated tax payments for 1996 9 If a taxpayer sends a return “by registered mail or certified mail, proof that the * * * [return] was properly registered or that a postmark certified mail sender’s receipt was properly issued * * * shall constitute prima facie evidence that the * * * [return] was delivered”. Sec. 301.7502-1(d), Proced. & Admin. Regs. 10 Respondent has the burden of production. Sec. 7491(c). The burden of showing reasonable cause under sec. 6651(a) remains on petitioner. Higbee v. Commissioner, 116 T.C. 438, 446-448 (2001).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011