John S. Cooper, Jr. - Page 6

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               Respondent has satisfied his burden of production with                 
          respect to the addition to tax under section 6651(a)(1) by means            
          of documents and testimony showing that petitioner failed to file           
          a 2002 Federal tax return.  In addition, respondent caused to be            
          prepared, for petitioner’s 2002 tax year, a substitute return               
          under the criteria of section 6020(b).  See Cabirac v.                      
          Commissioner, 120 T.C. 163, 170-173 (2003).  Accordingly,                   
          respondent has met his burden of producing evidence that would              
          support an addition for failure to pay the tax due for that year            
          under section 6651(a)(2).  Petitioner presented no evidence                 
          showing that his failure to file or pay was due to reasonable               
          cause and not due to willful neglect.  As already mentioned,                
          petitioner has advanced several specious arguments as to why he             
          should not have to file or pay tax.  None of his arguments                  
          suffice to show that he had “reasonable cause” for his failure to           
          file or pay.  Accordingly, we hold that petitioner is liable for            
          the additions to tax for failure to file and failure to pay under           
          section 6651(a)(1) and (2), respectively.                                   
               Next, we consider whether petitioner is liable for the                 
          addition to tax under section 6654(a) for failure to make                   
          estimated payments.  The required annual payment of estimated               
          tax, as it relates to this case, equals 90 percent of                       
          petitioner’s tax for 2002.  Sec. 6654(d)(1)(B)(i).  Petitioner’s            







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