Gary T. Mackey - Page 10

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          II.  Additions to Tax                                                       
               A.  Section 6654                                                       
               Section 6654 provides for an addition to tax (in the form of           
          an interest charge) in the event of an underpayment of a required           
          installment of individual estimated tax.  See sec. 6654(a).  As             
          relevant to this case, each required installment of estimated tax           
          is equal to 25 percent of the “required annual payment”, which in           
          turn is equal to the lesser of (1) 90 percent of the tax shown on           
          the individual’s return for that year (or, if no return is filed,           
          90 percent of his or her 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).  For purposes of section 6654, an                    
          individual’s tax consists of income tax and self-employment tax             
          and is determined before the application of any wage withholding            
          credit4 (but after the application of other allowable credits).             
          Sec. 6654(f); see sec. 31.  The due dates of the required                   
          installments for a calendar taxable year are April 15, June 15,             


               3(...continued)                                                        
          deficiency determined by respondent for that year.  See sec.                
          6211(b)(2); Hillenbrand v. Commissioner, T.C. Memo. 2003-303                
          (nonrebatable erroneous refunds do not enter into determination             
          of deficiencies in taxpayers’ gift taxes); sec. 301.6211-1(f),              
          Proced. & Admin. Regs. (an amount refunded is not a rebate unless           
          the refund resulted from a substantive determination by the                 
          Commissioner as to the taxpayer’s correct tax for that year).               
               4  Under sec. 6654(g)(1), wage withholding credits are                 
          treated as payments of estimated tax.                                       




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