Renard Halliburton - Page 7




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          is calculated with respect to four required installment payments            
          of the taxpayer’s estimated tax liability.  Sec. 6654(b) and (c).           
          Each installment is equal to 25 percent of the “required annual             
          payment”.  Sec. 6654(d)(1)(A).  The “required annual payment” is            
          generally equal to the lesser of (1) 90 percent of the tax shown            
          on the individual’s return for that year (or, if no return is               
          filed, 90 percent of his or her tax for such year), or (2) if the           
          individual filed a return for the immediately preceding taxable             
          year, 100 percent of the tax shown on that return.  Sec.                    
          6654(d)(1)(B); Wheeler v. Commissioner, 127 T.C. 200, 210-211               
          (2006); Heers v. Commissioner, T.C. Memo. 2007-10.                          
               Respondent introduced evidence to show petitioner was                  
          required to file a Federal income tax return for 2002, failed to            
          report income for 2002, and failed to make estimated tax payments           
          for 2002 (with the exception of the withheld tax).  In order to             
          permit the Court to make the analysis required by section                   
          6654(d)(1)(B)(ii), respondent must introduce evidence showing               
          whether petitioner filed a return for the preceding taxable year            
          and, if so, the amount of tax shown on that return.  See Wheeler            
          v. Commissioner, supra at 212.  Respondent did not do so.                   
          Without that evidence, this Court cannot identify the number                
          equal to 100 percent of the tax shown on petitioner’s 2001                  
          return, complete the comparison required by section                         
          6654(d)(1)(B), and conclude petitioner had a required annual                







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