Dale J. Krohn - Page 9

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          Commissioner must produce evidence showing that it is appropriate           
          to impose the particular addition to tax but need not produce               
          evidence relating to defenses such as reasonable cause or                   
          substantial authority.  Higbee v. Commissioner, 116 T.C. 438, 446           
          (2001); H. Conf. Rept. 105-599, supra at 241, 1998-3 C.B. at 995.           
               Petitioner is required to file a return for 2001 but has not           
          done so.  He did not make estimated tax payments with respect to            
          his tax liability for 2001.  Thus, respondent has met the burden            
          of production.                                                              
               Respondent conceded that petitioner is not liable for the              
          addition to tax under section 6651(a)(2) for 2001.  Thus, section           
          6651(c)(1) (reducing the amount imposed by section 6651(a)(1) to            
          4.5 percent for any month in which both section 6651(a)(1) and              
          (2) additions are imposed) does not apply and the 5-percent rate            
          does.  Respondent has established that petitioner is liable for             
          the addition to tax under section 6651(a)(1) for 2001 in an                 
          amount greater than respondent determined in the notice of                  
          deficiency.  We conclude that petitioner is liable for additions            
          to tax for failure to file under section 6651(a)(1) of $1,173.75            
          and failure to pay estimated tax under section 6654 of $185.79              
          for 2001.                                                                   
               To reflect the foregoing,                                              

                                                       Decision will be               
                                                  entered for respondent.             





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