C. Wayne Lewis, Jr. - Page 4

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          dispute that he received the amounts reflected in the third-party           
          payment reports (e.g., Form W-2 and Form 1099-MISC).  Thus,                 
          respondent has sufficiently connected petitioner to the                     
          underlying activities relating to the unreported income.  Parker            
          v. Commissioner, 117 F.3d 785, 787 (5th Cir. 1997)(when the                 
          taxpayer does not dispute the receipt of unreported income,                 
          respondent “has no duty to investigate a third-party payment                
          report”).  As a result, respondent’s determinations are presumed            
          correct, and petitioner bears the burden of proof.  Petitioner,             
          however, failed to present any credible evidence to counter                 
          respondent’s determinations.2  Accordingly, we sustain the                  
          deficiencies as determined by respondent.                                   
               Respondent also determined additions to tax for failure to             
          file tax returns, pursuant to section 6651(a)(1), and pay                   
          estimated income tax, pursuant to section 6654(a).  Respondent,             
          pursuant to section 7491(c), has met his burden of production               
          relating to both additions to tax.  He established that                     
          petitioner failed to file his 1998, 2000, and 2001 tax returns              
          and pay his 2001 estimated taxes.  Niedringhaus v. Commissioner,            
          99 T.C. 202, 220-223 (1992).  Petitioner’s failure to file was              
          not due to reasonable cause, and he does not meet any of the                
          exceptions to section 6654(a).  Accordingly, we sustain the                 


               2  Sec. 7491(a) is inapplicable because petitioner failed to           
          introduce credible evidence within the meaning of sec.                      
          7491(a)(1).                                                                 




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