- 6 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007