- 11 - and September 15 of that year and January 15 of the following year, sec. 6654(c)(2), and the interest charge on any underpayment runs from the due date of the installment to April 15 of the following year (or to the date of payment, if earlier), sec. 6654(b)(2). There are two mechanical exceptions to the applicability of the section 6654 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), reduced for these purposes by any allowable credit for wage withholding, is less than $500.5 Sec. 6654(e)(1). Second, the addition is not applicable if the individual’s tax for the preceding taxable year was zero. Sec. 6654(e)(2). B. Section 7491(c) Section 7491(c) imposes the burden of production in any court proceeding (i.e., the burden of moving forward with evidence) on the Commissioner with respect to the liability of any individual for penalties and additions to tax.6 In order to 5 Effective for taxable years beginning after Dec. 31, 1997, the threshold amount is $1,000. Taxpayer Relief Act of 1997, Pub. L. 105-34, sec. 1202, 111 Stat. 994. Respondent is no longer asserting additions to tax under sec. 6654 for petitioner’s 1998 and 1999 taxable years. 6 Sec. 7491(c) applies to court proceedings arising in connection with examinations commencing after July 22, 1998. Internal Revenue Service Restructuring and Reform Act of 1998, (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011