Dean Strom Karnaze - Page 11

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          filed a return for the preceding taxable year, i.e., 1995, and if           
          he did, the amount of tax shown on that return.  Without that               
          evidence, the Court cannot identify the amount equal to 100                 
          percent of the tax shown on petitioner’s 1995 return.                       
               The Court cannot conclude that petitioner had a required               
          annual payment for 1996 because respondent failed to produce                
          sufficient evidence, as required by section 7491(c), to allow the           
          Court to complete the comparison required by section                        
          6654(d)(1)(B).  See Wheeler v. Commissioner, supra.  Accordingly,           
          petitioner is not liable for an addition to tax under section               
          6654 for 1996.                                                              
               Respondent met his burden of production under section                  
          7491(c) for 1997, 1998, and 1999.  The evidence produced was                
          sufficient for the Court to make the required comparison under              
          section 6654(d)(1)(B) and to make a determination that petitioner           
          had a required annual payment for each of those years.                      
               The section 6654 addition to tax is mandatory unless                   
          petitioner can place himself within one of the computational                
          exceptions provided by section 6654(e).  Recklitis v.                       
          Commissioner, 91 T.C. 874, 913 (1988); Grosshandler v.                      
          Commissioner, 75 T.C. 1, 20-21 (1980).  Petitioner did not pay              
          the estimated taxes for 1997, 1998, and 1999.  Moreover,                    
          petitioner failed to show that his failure to timely pay                    
          estimated taxes qualifies for one of the exceptions under section           






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