- 2 - respectively for 2002. After concessions,2 the issues for decision are whether petitioner is liable for the additions to tax pursuant to sections 6651(a)(1) and 6654(a) for 2002. FINDINGS OF FACT At the time he filed the petition, petitioner resided in Arkansas. Petitioner failed to timely file a Federal income tax return for 2002. OPINION Burden of Proof Section 7491(c) provides that the Commissioner shall bear the burden of production with respect to the liability of any individual for additions to tax. “The Commissioner’s burden of production under section 7491(c) is to produce evidence that it is appropriate to impose the relevant penalty”. Swain v. Commissioner, 118 T.C. 358, 363 (2002); see also Higbee v. Commissioner, 116 T.C. 438, 446 (2001). The Commissioner, however, does not have the obligation to introduce evidence regarding reasonable cause or substantial authority. Higbee v. Commissioner, supra at 446-447. 2 Respondent conceded that petitioner is not liable for the addition to tax pursuant to sec. 6651(a)(2). Respondent also conceded that the amount of the deficiency and the additions to tax pursuant to secs. 6651(a)(1) and 6654 are reduced to $13,585, $3,396.25, and $453.98, respectively. Petitioner conceded that he is liable for the reduced deficiency.Page: Previous 1 2 3 4 NextLast modified: November 10, 2007