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establish that petitioner had a required annual payment pursuant
to section 6654(d)(1)(B). Wheeler v. Commissioner, supra at 211.
The required annual payment is generally equal to the lesser of
90 percent of the tax shown for the subject taxable year (or, if
no return was filed, 90 percent of the tax for such year), or 100
percent of the tax shown on the taxpayer’s return for the
preceding year. Sec. 6654(d)(1)(B)(i) and (ii); Wheeler v.
Commissioner, supra at 211.
Respondent established that petitioner had a tax liability
relating to 2002 (i.e., the subject taxable year). Respondent
has not produced credible evidence relating to 2001 (i.e., the
preceding year). Respondent contends that his transcript (i.e.,
a “summary of Mr. Davenport’s tax account of all the years opened
[sic], returns filed, or not filed”) demonstrates that petitioner
did not file a return relating to 2001. The transcript is
reproduced in pertinent part below.
Tax Period Posted Return
1986 POSTED
1987 NONE
1988 NONE
1990 POSTED
1992 POSTED
1993 POSTED
1994 POSTED
1995 POSTED
1996 NONE
1997 POSTED
1998 NONE
1999 NONE
2002 SUBST4
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Last modified: November 10, 2007