Ken M. Guthrie, Jr. - Page 5

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          addition to tax under section 6651(a)(2).  Id.  Respondent does             
          not allege and there is no evidence showing that respondent                 
          prepared substitutes for returns for petitioner under section               
          6020(b).  Thus, respondent has not produced evidence showing that           
          it is appropriate to impose the addition to tax for failure to              
          pay tax shown on petitioner’s returns for the years in issue, and           
          respondent has not met the burden of production under section               
          7491(c) with respect to that addition to tax.                               
               Petitioner made only frivolous arguments that he was not               
          liable for tax.  He made no argument that he was not liable for             
          the additions to tax for the years in issue for failure to file             
          under section 6651(a)(1), or failure to pay estimated tax under             
          section 6654.  We conclude that petitioner is liable for the                
          additions to tax for 1998, 1999, and 2001 for failure to file               
          under section 6651(a)(1) and for failure to pay estimated tax               
          under section 6654.                                                         
               To reflect the foregoing,                                              

                                                       Decision will be               
                                                  entered under Rule 155.             













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