- 7 - income tax deficiency for 20025 is $8,044 (“required annual payment”), petitioner’s withholding from wages was $819, and he made no payments of estimated tax. Clearly he has not made the required annual payment of the statute. There are other exceptions to the obligation to make estimated tax payments set forth in section 6654, but we do not find that petitioner comes within those exceptions. Accordingly, we hold that petitioner is liable for the section 6654(a) addition to tax for failure to make estimated tax payments. Finally, we consider respondent’s oral motion that sanctions be awarded under section 6673 due to petitioner’s advancing frivolous and groundless arguments and/or maintaining this proceeding for delay. On at least two occasions prior to trial, respondent advised petitioner that section 6673 sanctions would be sought in this case. On brief, petitioner contended that his position is not frivolous. He states: “Mere questions about what laws, information, and procedures the respondent relied upon to conclude a deficiency exists [do] not constitute a frivolous position or argument.” Petitioner here has made a concentrated effort to avoid the payment of his Federal tax obligation. He did not file a 2002 5 Other measures of the required annual payment are inapplicable because respondent produced evidence that petitioner failed to file a return for his 2001 and 2002 tax years. See sec. 6654(d)(1)(B)(i) and (ii); Nicholls v. Commissioner, T.C. Memo. 2006-218.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011