- 5 - liability of any individual for any addition to tax.3 Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). To meet his burden of production, respondent must come forward with sufficient evidence indicating that it is appropriate to impose the addition to tax. Id. Once respondent meets his burden of production, petitioner must come forward with evidence sufficient to persuade the Court that respondent’s determination is incorrect. Id. Respondent argues that petitioner is liable for an addition to tax under section 6651(a)(1). Section 6651(a)(1) imposes an addition to tax for failure to file a return on the date prescribed (determined with regard to any extension of time for filing), unless the taxpayer can establish that such failure is because of reasonable cause and not because of willful neglect. The issue is whether petitioner filed a valid return for section 6651(a)(1) purposes. Respondent introduced at trial and the Court received into evidence petitioner’s Form 4340, Certificate of Assessments, Payments, and Other Specified Matters, which indicated that respondent did not receive a processable Federal income tax 3 In Funk v. Commissioner, 123 T.C. 213, 218 (2004), we held that when a taxpayer fails to state a claim in respect of penalties, additions to tax, and/or additional amounts, the Commissioner incurs no obligation to produce evidence in support of such determinations pursuant to sec. 7491. In the present case, the paragraphs that the Court did not strike in the amended petition relate to petitioner’s argument that he is not liable for an addition to tax under sec. 6651(a)(1).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011