- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011