- 10 - 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 filePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007