Daniel G. Callahan, et al. - Page 9




                                        - 9 -                                         
          Additions to Tax                                                            
               Under section 7491(c), respondent has the burden of                    
          production with respect to petitioners’ liability for the                   
          additions to tax under sections 6651(a)(1) and 6654.  Respondent            
          must accordingly offer sufficient evidence to indicate that it is           
          appropriate to impose each addition.  See Higbee v. Commissioner,           
          116 T.C. 438, 446 (2001).  Once this burden is met, petitioners             
          bear the burden of proving error in the determination, including            
          evidence of exculpatory factors.  Id. at 446-447.                           
               A.  Section 6651(a)(1) Additions                                       
               Section 6651(a)(1) provides for an addition to tax for a               
          taxpayer’s failure to file a required return on or before the due           
          date, including extensions.  Respondent determined that Mrs.                
          Callahan is liable for section 6651(a)(1) additions for 1997,               
          1998, 1999, and 2002 and determined that Mr. Callahan is liable             
          for section 6651(a)(1) additions for 1997, 1998, and 1999.                  
               Petitioners have admitted receiving income during each of              
          these years in amounts sufficient to obligate them to file                  
          Federal income tax returns.  See sec. 6012.  Petitioners admitted           
          that they did not file returns for any of their years in issue.             
          Therefore, respondent has met his burden of production under                
          section 7491(c).                                                            
               Petitioners have offered no evidence of reasonable cause for           
          their failure to file.  Accordingly, we sustain respondent’s                







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 10, 2007