Christina L. Belmont - Page 6




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          to make estimated tax payments for 2001.  Respondent bears the              
          burden of production with respect to petitioner’s liability for             
          the additions to tax.  Sec. 7491(c); Higbee v. Commissioner, 116            
          T.C. 438, 446-447 (2001).  To meet his burden of production with            
          respect to section 6651, respondent must come forward with                  
          sufficient evidence indicating that it is appropriate to impose             
          the addition to tax.  Id.                                                   
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a return on the date prescribed (determined with regard to             
          any extension of time for filing), unless petitioner can                    
          establish that such failure is due to reasonable cause and not              
          due to willful neglect.  On cross-examination by respondent’s               
          counsel, petitioner admitted that she did not file a Federal                
          income tax return for 2001.  Respondent has met his burden of               
          production.  We find that the failure to file a Federal income              
          tax return for 2001 was not due to reasonable cause and was due             
          to willful neglect.  Therefore, we hold that petitioner is liable           
          for the section 6651(a)(1) addition to tax for 2001.                        
               A taxpayer has an obligation to pay estimated tax for a                
          particular year only if he has a “required annual payment” for              
          that year.  Sec. 6654(d).  A “required annual payment” is equal             
          to the lesser of (1) 90 percent of the tax 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                     







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