Hubert Joubert - Page 12




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               D.  Section 6654(a) Addition to Tax                                    
               Section 6654(a) imposes an addition to tax for underpayment            
          of estimated income tax by an individual taxpayer.  That addition           
          to tax is computed by reference to four required installment                
          payments of the taxpayer’s estimated tax liability, each                    
          constituting 25 percent of the “required annual payment.”  Sec.             
          6654(d)(1)(A).  For taxpayers whose adjusted gross income for the           
          preceding year was $150,000 or less, the “required annual                   
          payment” is 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)(A), (B)(i) and (ii).                                             
               Here, petitioner failed to file a 2002 Federal income tax              
          return and made no estimated tax payments for 2002.  Petitioner             
          also failed to file a 2001 Federal income tax return.  Because              
          petitioner did not file a return for the preceding taxable year,            
          2001, respondent has met his burden of producing evidence that              
          petitioner had a required annual payment of estimated tax for               
          2002.                                                                       












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