- 6 - At trial, respondent’s only witness, Ms. Gallagher, testified that the transcript, as it relates to 2002, “shows that no return was filed by Mr. Davenport, but it shows a substitute for return was prepared by the IRS.” Indeed, the transcript shows “SUBST4" relating to 2002. When Ms. Gallagher was asked whether petitioner filed a return relating to 2001, she stated that 2001 “is not even on this transcript [thus] no return [was] filed”. We do not arrive at the same conclusion. The transcript makes reference to 13 of petitioner’s tax years yet there is no reference to 2001. Moreover, the transcript indicates that returns were filed for certain years (i.e., “POSTED”) and not filed for other years (i.e., “NONE”). Because there is no entry relating to 2001, we conclude that the transcript is insufficient to prove that petitioner failed to file a return for that year. Without credible evidence relating to 2001, we cannot identify the number equal to 100 percent of the tax shown on petitioner’s 2001 return (i.e., the preceding year), complete the comparison required by section 6654(d)(1)(B), or conclude that petitioner had a required annual payment relating to 2002. Wheeler v. Commissioner, supra at 211-212. Accordingly, respondent has not met his burden of production relating to, and petitioner is not liable for, the section 6654 addition to tax. Contentions we have not addressed are irrelevant, moot, or meritless.Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007