Daniel G. Callahan, et al. - Page 10




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          determination that petitioners are liable for additions to tax              
          under section 6651(a)(1) for each of their years in issue.                  
               B.  Section 6654 Additions                                             
               Respondent determined that Mrs. Callahan is liable for                 
          additions to tax pursuant to section 6654 for failure to pay                
          estimated tax for 1997, 1998, 1999, and 2002 and determined that            
          Mr. Callahan is liable for additions pursuant to section 6654 for           
          1997, 1998, and 1999.                                                       
               An individual taxpayer generally has an obligation to pay              
          estimated tax for a particular year only if he or she 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 individual filed a return for the                      
          immediately preceding year, 100 percent of the tax shown on that            
          return.  Sec. 6654(d)(1).  Respondent’s burden of production                
          under section 7491(c) for the section 6654 addition to tax                  
          requires him to produce evidence that petitioners had required              
          annual payments for the years in issue.  See Wheeler v.                     
          Commissioner, 127 T.C. 200, 210-212 (2006).                                 
               As our deficiency determinations establish, petitioners had            
          tax due for each of their years in issue.  Since petitioners                
          admitted they had not filed returns since 1993, they did not file           







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