- 6 - individual.” Sec. 6654(a). Subject to certain statutory exceptions, the addition to tax is applied if the amount of withholding and estimated tax payments does not equal statutorily designated amounts. Niedringhaus v. Commissioner, 99 T.C. 202, 222 (1999). The section 6654 addition to tax is mandatory unless the taxpayer comes within one of the limited statutory exceptions. Sec. 6654(e); see Recklitis v. Commissioner, 91 T.C. 874 (1988). Petitioner’s only argument as to why she did not make any estimated payments was that she did not earn taxable income. Petitioner does not qualify for any of the listed exceptions. Sec. 6654(e). She is, therefore, liable for the section 6654 addition to tax for each of the years at issue. At trial, respondent filed a written motion for the penalty under section 6673(a). Section 6673 allows the Court to impose a penalty, in an amount up to $25,000, on a taxpayer if the position or positions asserted by the taxpayer in the case are frivolous or groundless. Sec. 6673(a)(1)(B). Petitioner’s positions were those of a classic tax protester. Before, during, and after trial, petitioner flooded respondent and this Court with exhibits and inflammatory affidavits advancing her position that the U.S. tax system isPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011