- 12 - that he should receive a deduction for only one-half of the amount of the 2003 liability. Id. III. Addition to Tax Respondent determined a section 6651(a)(1) addition to tax against petitioner. As an initial matter, section 7491(c) places the burden of production on the Commissioner to show that the imposition of an addition to tax or a penalty on an individual is appropriate. To satisfy this burden, respondent must proffer sufficient evidence indicating that the imposition of the addition or penalty is appropriate. See Higbee v. Commissioner, 116 T.C. 438, 445 (2001). Respondent satisfied his burden with respect to the addition to tax by introducing at trial copies of petitioner’s 1999 Form 1040, third-party information returns relating to petitioner’s income, and documents containing tax- protester rhetoric petitioner submitted to the IRS. Section 6651(a)(1) generally provides that a taxpayer’s failure to file a timely Federal income tax return, taking into account extensions, requires the imposition of an addition to tax, unless the taxpayer shows that such failure was due to reasonable cause and not due to willful neglect. Petitioner contends that he is not liable for an addition to tax under section 6651(a) since he filed a Form 1040. Respondent argues that petitioner’s Form 1040 does not constitute a valid tax return for section 6651(a)(1) purposes because it failed toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011