Donald A. Ramirez - Page 6

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          shall review respondent’s administrative determination sustaining            
          the Federal tax lien for abuse of discretion.  See Downing v.                
          Commissioner, supra; Goodwin v. Commissioner, supra; Joye v.                 
          Commissioner, supra.                                                         
          Issue 1: De Novo Review of Section 6651 Additions to Tax                     
               Respondent determined that petitioner is liable for                     
          additions to tax pursuant to section 6651(a)(1) and (2) for 1998.            
          Section 6651(a)(1) imposes an addition to tax for failure to file            
          a return by the date prescribed (determined with regard to any               
          extension for time for filing).  Section 6651(a)(2) imposes an               
          addition to tax for failure to pay the amount shown as tax on a              
          return by the date prescribed (determined with regard to any                 
          extension for time for filing).  If petitioner establishes that              
          the failure to timely file or pay is due to reasonable cause and             
          not due to willful neglect, he can avoid the additions to tax.               
          Sec. 6651(a)(1) and (2).                                                     
               Section 7491(c) requires respondent to carry the burden of              
          production with respect to any addition to tax for failure to                
          file or pay.  Higbee v. Commissioner, 116 T.C. 438, 446-447                  
          (2001).  To meet his burden of production, respondent must come              
          forward with sufficient evidence indicating that it is                       
          appropriate to impose the additions to tax.  Id.  Once respondent            
          meets this burden, petitioner must come forward with evidence                
          sufficient to persuade the Court that respondent’s determination             






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