- 14 - C. Section 6654: Failure To Pay Estimated Income Tax Section 6654 imposes an addition to tax for failure to make timely and sufficient payments for estimated taxes. Petitioner challenged the applicability of each addition to tax respondent determined. Therefore, in order to satisfy his burden of production under section 7491(c) for the section 6654 addition to tax, respondent must produce the evidence necessary to enable the Court to conclude that petitioner had an obligation to make an estimated tax payment. Wheeler v. Commissioner, 127 T.C. 200, 211 (2006). Specifically, respondent must produce evidence showing that petitioner had a “required annual payment” as defined by section 6654(d)(1)(B) for the year at issue. Id. Under section 6654(d)(1)(B), “required annual payment” means the lesser of-- (i) 90 percent of the tax shown on the return for the taxable year (or, if no return is filed, 90 percent of the tax for such year), or (ii) 100 percent of the tax shown on the return of the individual for the preceding taxable year. Clause (ii) shall not apply if the preceding taxable year was not a taxable year of 12 months or if the individual did not file a return for such preceding taxable year. Petitioner did not file a tax return for 2000. Therefore, under the flush language of section 6654(d)(1)(B), clause (ii) does not apply with respect to determining the required annual payment for 2001. Petitioner had a tax liability for 2001 butPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007