Charles Raymond Wheeler - Page 18

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          of the tax13 shown on the individual’s return for that year (or,            
          if no return is filed, 90 percent of his or her tax for such                
          year), or (2) if the individual filed a return for the                      
          immediately preceding taxable year, 100 percent of the tax shown            
          on that return.14  Sec. 6654(d)(1)(B).  The due dates of the                
          required installments for a calendar year taxpayer are April 15,            
          June 15, and September 15 of the calendar year in question and              
          January 15 of the following year.  Sec. 6654(c)(2).                         
               Respondent introduced evidence to prove that petitioner                
          was required to file a Federal income tax return for 2003, that             
          petitioner did not file a 2003 return, and that petitioner did              
          not make any estimated tax payments for 2003.  However,                     
          respondent did not introduce evidence sufficient to prove that              
          petitioner had an obligation to make any estimated tax payments             
          for 2003.  Specifically, respondent’s burden of production under            
          section 7491(c) required him to produce evidence that petitioner            
          had a required annual payment for 2003 under section 6654(d), and           
          respondent failed to do so.                                                 




               13For purposes of sec. 6654, an individual’s tax consists of           
          his income tax and self-employment tax and is determined before             
          the application of any wage withholding credit but after the                
          application of other allowable credits.  Sec. 6654(f).                      
               14If an individual’s adjusted gross income shown on the                
          previous year’s return exceeds $150,000, a higher percentage may            
          apply.  See sec. 6654(d)(1)(C).                                             





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