- 12 - meet the burden of production under section 7491(c), the Commissioner need only make a prima facie case that imposition of the penalty or addition to tax is appropriate; he need not negate the existence of any circumstantial defense such as reasonable cause. Higbee v. Commissioner, 116 T.C. 438, 446 (2001); H. Conf. Rept. 105-599, at 241 (1998), 1998-3 C.B. 747, 995; see sec. 6654(e)(3) (providing for waiver of the addition to tax under certain extenuating circumstances). C. Discussion We are concerned only with 1995, 1996, and 1997. Because petitioner did not file returns for those years, the applicability of the $500 de minimis exception under section 6654(e)(1) discussed above is determined on the basis of petitioner’s actual tax for those years, less wage withholding.7 The stipulation of settled issues filed by the parties establishes that petitioner’s tax, as so defined, for each of those years exceeded $500. Those stipulations also preclude the applicability of the section 6654(e)(2) exception (zero tax for preceding year) to 1996 and 1997. However, nothing in the record 6(...continued) Pub. L. 105-206, sec. 3001(c)(1), 112 Stat. 727. In his brief, respondent concedes that his examination of petitioner’s 1995, 1996, and 1997 taxable years (i.e., the years remaining at issue) commenced after July 22, 1998. 7 The stipulation of settled issues categorizes petitioner’s earned income for the years 1995-97 as nonemployee compensation, which by definition is not subject to wage withholding. See secs. 3401(a), 3402(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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