Steven W. Pond - Page 5

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          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 to             






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