Carl Klein - Page 11




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          during the course of the year, do not equal the percentage of               
          total liability required under the statute.  The amount required            
          to be paid through each such estimated quarterly payment is 25              
          percent of the required annual payment.  Sec. 6654(d)(1)(A).  The           
          required annual payment is, in turn, the lesser of 90 percent of            
          the tax shown on the return for that taxable year or 100 percent            
          of the tax shown on the return for the preceding taxable year (or           
          a greater percent for individuals with adjusted gross income                
          exceeding $150,000).  Sec. 6654(d)(1)(B) and (C).  There is no              
          broadly applicable reasonable cause exception to the section 6654           
          addition to tax.                                                            
               The record shows that petitioner did not make sufficient               
          estimated tax payments for 1997, 1998, or 1999, the years for               
          which respondent seeks to impose the section 6654 addition.  None           
          of the statutory exceptions to imposition of the addition                   
          applies.  We conclude that respondent has met his burden of                 
          production under section 7491(c) regarding petitioner’s liability           
          for the additions to tax under section 6654 and that petitioner             
          is liable for those additions.10                                            






               10The parties stipulated that “petitioner filed an income              
          tax return for 1996, reporting tax liability in the amount of               
          $29,980.”  In addition, for 1996, petitioner reported self-                 
          employment tax of $15,430.                                                  





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