Michael C. Dodge - Page 3




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          Additions to Tax                                                            
               Section 6651(a)(1) imposes an addition to tax for failure to           
          timely file a return, and section 6654(a) imposes an addition to            
          tax for failure to pay estimated income tax.  Petitioner                    
          stipulated he did not timely file his return and conceded that he           
          failed to pay the required amount of estimated income tax for               
          2002.  Accordingly, respondent satisfied his burden of production           
          regarding the additions to tax.                                             
               At trial and on brief, petitioner stated that his sole                 
          challenge to the additions to tax is that Forms 1040, U.S.                  
          Individual Income Tax Return, do not comply with the Paperwork              
          Reduction Act of 1995 (PRA), 44 U.S.C. sections 3501-3520 (2000),           
          and consequently respondent cannot impose additions to tax                  
          pursuant to sections 6651(a)(1) and 6654(a).  Petitioner is                 
          incorrect.  The requirement to file tax returns represents a                
          “legislative command, not an administrative request”, and the PRA           
          provides no “escape hatch” from additions to tax for failing to             
          file tax returns or failing to pay estimated income taxes.                  
          Salberg v. United States, 969 F.2d 379, 384 (7th Cir. 1992); Beam           
          v. Commissioner, 956 F.2d 1166 (9th Cir. 1992), affg. T.C. Memo.            
          1990-304 and Warden v. Commissioner, T.C. Memo. 1990-321; accord            
          James v. United States, 970 F.2d 750, 753 n.6 (10th Cir. 1992)              
          (“lack of an OMB number on IRS notices and forms does not                   
          violate” the PRA); United States v. Hicks, 947 F.2d 1356, 1359              







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