Patrick M. Shannon - Page 20

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          that year.  See Elliott v. Commissioner, 113 T.C. 125, 128                  
          (1999).  We conclude that respondent has satisfied respondent’s             
          burden of production under section 7491(c) with respect to the              
          increase in the 1999 addition to tax under section 6651(a)(1) of            
          $4,351.06 that respondent assessed on May 5, 2003, and that is              
          attributable to the 1999 return which petitioner and Ms. Shannon            
          signed and which respondent filed sometime shortly after it was             
          sent to respondent around March 18, 2003.                                   
               With respect to the increase in the 1999 addition to tax               
          under section 6651(a)(2), the record establishes, and petitioner            
          conceded in the petition, that he failed to pay timely the tax              
          shown in the 1999 return.  We conclude that respondent has                  
          satisfied respondent’s burden of production under section 7491(c)           
          with respect to the increase in the 1999 addition to tax under              
          section 6651(a)(2) that respondent assessed on May 5, 2003, and             
          that is attributable to the 1999 return which petitioner and Ms.            
          Shannon signed and which respondent filed shortly after it was              
          sent to respondent around March 18, 2003.                                   
               We address now whether petitioner has carried his burden of            
          establishing that he is not liable for the increase in the 1999             
          addition to tax under section 6651(a)(1) that respondent assessed           
          on May 5, 2003, and that is attributable to the 1999 return.  As            
          we understand petitioner’s position, he contends that he timely             
          sent to respondent an unsigned return for his taxable year 1999.            






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