Harlan D. Edwards and Floors by Harlan, Jody Edwards, Trustee - Page 27

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              Respondent also determined that Harlan was liable for an                
         addition to tax pursuant to section 6654 for failure to pay                  
         estimated tax.  Section 6654 provides for an addition to tax in              
         the event of an underpayment of a required installment of                    
         individual estimated tax.  See sec. 6654(a).  In general, each               
         required installment of estimated tax is equal to 25 percent of              
         the “required annual payment”, which in turn is equal to the                 
         lesser of (i) 90 percent of the tax shown on the individual’s                
         return for that year (or, if no return is filed, 90 percent of               
         his or her tax for such year), or (ii) if the individual filed a             
         return for the immediately preceding taxable year, 100 percent of            
         the tax shown on that return.  Sec. 6654(d)(1)(A) and (B).  The              
         section 6654 addition to tax applies to an underpayment of a                 
         required installment unless the taxpayer comes within one of the             
         exceptions provided in subsection (e) thereof.  See Grosshandler             
         v. Commissioner, 75 T.C. 1, 20-21 (1980).                                    
              The parties have stipulated that Harlan did not file a                  
         Federal income tax return for 1997 or 1998, and respondent has               
         shown that Harlan had sufficient income to incur Federal income              
         tax for 1998.  See sec. 6654(d)(1)(B).  In their brief,                      
         petitioners respond to respondent’s argument that Harlan is                  
         liable for a section 6654 addition to tax by claiming that Harlan            
         “had no taxable income”.  We treat this response as a tacit                  
         admission that Harlan did not pay any estimated tax in 1998.  As             






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