Kenneth Frank Diller - Page 16




                                        - 15 -                                        
               Respondent produced a Form 4340, Certificate of Assessments,           
          Payments, and Other Specified Matters, for 2002 establishing that           
          petitioner filed for an extension of time to file a tax return              
          for 2002 along with a payment of $1,500.  Respondent made a                 
          return for petitioner under section 6020(b) reporting a tax                 
          liability of $8,877.  Such a return is “good and sufficient for             
          all legal purposes.”  Sec. 6020(b)(2).  The evidence is                     
          sufficient for the Court to make the analysis required by section           
          6654(d)(1)(B)(i).  Respondent introduced evidence in the form of            
          a Form 4340 for 2001 showing that there is no record that                   
          petitioner filed a return for the preceding taxable year (i.e.              
          2001).  Therefore, under the flush language of section                      
          6654(d)(1)(B), clause (ii) does not apply.  The Court concludes             
          that petitioner had a required annual payment for 2002.                     
               The section 6654 addition to tax is mandatory unless                   
          petitioner can place himself within one of the computational                
          exceptions provided by section 6654(e).  Recklitis v.                       
          Commissioner, 91 T.C. 874, 913 (1988); Grosshandler v.                      
          Commissioner, 75 T.C. 1, 20-21 (1980).  Petitioner did not pay              
          the required estimated tax for 2002 and failed to show that his             














Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 10, 2007