Andrew L. Paradiso - Page 11

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          return for 2000 and is liable for the addition to tax under                 
          section 6651(a)(1) of $6,322 for 2000.                                      
               3.   Whether Petitioner Is Liable for the Addition to Tax              
                    Under Section 6654 for Failure To Pay Estimated Tax               
               Respondent has met the burden of production under section              
          7491(c) with respect to the addition to tax for failure to pay              
          estimated tax under section 6654(a) because the record shows that           
          petitioner did not pay estimated tax with respect to his tax                
          liability for 2000.                                                         
               Petitioner contends that he is not liable for the addition             
          to tax under section 6654 for 2000 because no tax was due.  We              
          disagree because (a) tax was due from petitioner for 2000 as                
          discussed above at paragraph A of the opinion, and (b) section              
          6654(a) applies for reasons described next.                                 
               Section 6654(a) imposes an addition to tax for failure to              
          pay estimated income taxes unless one of the exceptions in                  
          section 6654(e) applies.  Niedringhaus v. Commissioner, 99 T.C.             
          202, 222 (1992); Grosshandler v. Commissioner, 75 T.C. 1, 20-21             
          (1980).  Petitioner does not allege, and we do not find, that he            
          paid estimated tax or that any of the exceptions apply.  Thus, we           
          sustain respondent’s determination that petitioner is liable for            
          the addition to tax under section 6654(a).                                  
          E.   Petitioner’s Motions To Reopen the Record                              
               Petitioner requests that we reopen the record to admit into            
          evidence affidavits from Dunstan and his therapist.  He contends            





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