David G. Turner - Page 12

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          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 to                 






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