Michael T. Crow - Page 8

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          required to make supplemental quarterly payments of estimated               
          taxes.  Sec. 6654(f).  Under section 6654(d), the amount of the             
          four quarterly installments (including taxes withheld) generally            
          must equal 90 percent of the tax for the year, or 100 percent of            
          the tax for the preceding taxable year, whichever is less.  Where           
          there is an underpayment of estimated tax, there is no                      
          exonerating provision, such as reasonable cause or lack of                  
          willful neglect.  Estate of Ruben v. Commissioner, 33 T.C. 1071             
          (1960).                                                                     
               As noted earlier, taxes were withheld from petitioner’s                
          earnings for each of the years in question; therefore,                      
          petitioner’s liability for the section 6654 addition to tax will            
          depend on whether, after these prepayments are credited and a               
          further credit is allowed in the Rule 155 computation, because of           
          respondent’s concession that the $3,186 State income tax refund             
          received by petitioner during 2002 did not constitute gross                 
          income as determined in the notice of deficiency, the balances              
          due are within or without the 90-percent rule of section 6654(d).           
          To that extent, respondent is sustained on this issue.                      
               Respondent filed a motion for imposition of the penalty                
          under section 6673.  Section 6673(a)(1) authorizes this Court to            
          require a taxpayer to pay a penalty to the United States, in an             
          amount not to exceed $25,000, whenever it appears that                      
          proceedings have been instituted or maintained by such taxpayer             





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