- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011