James S. Zigmont - Page 11

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               2. Section 6654                                                        
               Section 6654(a) imposes an addition to tax for failure to              
          pay estimated income tax where there has been an underpayment of            
          estimated tax by the taxpayer.  Pursuant to the deemed                      
          admissions, supra, “petitioner did not make the required payments           
          of estimated taxes for 2000 or 2001, through withheld taxes or              
          otherwise".  This admission satisfies any burden of production on           
          the part of respondent.  Furthermore, petitioner conceded, supra,           
          that “Should the Court deny petitioner’s motion to withdraw the             
          deemed admissions, petitioner confesses that the deemed                     
          admissions alone are enough to cause the Court to award                     
          respondent summary judgment.”                                               
               The Court concludes that respondent has satisfied his burden           
          of proving that no genuine issue of material fact exists as to              
          respondent’s addition to tax determinations, and respondent is              
          entitled to judgment as a matter of law.  Therefore, the Court              
          sustains the imposition of additions to tax pursuant to section             
          6654.  Respondent’s motion for summary judgment shall be granted.           
          III. Section 6673 Penalty                                                   
               Section 6673(a)(1) authorizes the Tax Court to impose a                
          penalty not in excess of $25,000 on a taxpayer for proceedings              
          instituted primarily for delay or in which the taxpayer’s                   
          position is frivolous or groundless.  “A petition to the Tax                
          Court, or a tax return, is frivolous if it is contrary to                   






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