- 6 - 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 annualPage: Previous 1 2 3 4 5 6 7 8 NextLast modified: March 27, 2008