- 5 - petitioner attempted to conceal his income, respondent’s counsel stated: “No, Your Honor. I don’t contend that he tried to conceal his income.” In addition, petitioner credibly testified that he did not file returns relating to the years in issue because he believed that the exemption amount, pursuant to section 6012(a)(1)(A), is not defined by statute. Petitioner’s belief is incorrect but appears to have been earnestly held. Although petitioner failed to file returns, pay estimated taxes, or maintain adequate books and records, respondent failed to clearly and convincingly establish that petitioner had the requisite intent to evade tax. Accordingly, we reject respondent’s fraud determinations. With respect to section 6651(a)(1) and 6654(a) additions to tax, respondent met his burden of production, pursuant to section 7491(c), and established that petitioner failed to file his 1995 through 2001 returns and pay his 1996 through 2001 estimated income taxes. See Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Petitioner, however, failed to introduce sufficient facts to establish the inapplicability of these additions to tax. Accordingly, we sustain respondent’s determinations relating to sections 6651(a)(1) and 6654(a) additions to tax. At trial and in documents filed with the Court, petitioner raised several groundless contentions. Pursuant to section 6673(a)(1), this Court is authorized to impose a penalty not toPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011