Scott A. Lewis - Page 11

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          section 6654 for 2003.  Section 6654 imposes an addition to tax             
          on an individual taxpayer who underpays his estimated tax.  The             
          addition to tax is calculated with reference to four required               
          installment payments of the taxpayer’s estimated tax liability.             
          Sec. 6654(c)(1); Wheeler v. Commissioner, supra.  Each required             
          installment of estimated tax 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, supra.  The           
          due dates of the required installments for a calendar year                  
          taxpayer are April 15, June 15, and September 15 of the calendar            
          year in question and January 15 of the following year.  Sec.                
          6654(c)(2); Wheeler v. Commissioner, supra.                                 
               Respondent produced evidence establishing that petitioner              
          did not file a return for 2003 and that petitioner had an income            
          tax liability of $9,619.40 for 2003.  The evidence was sufficient           
          to permit the Court to make the analysis required by section                
          6654(d)(1)(B)(i).  See Wheeler v. Commissioner, supra.  Because             
          petitioner did not file a return for the preceding taxable year,            
          2002, respondent has met his burden of producing evidence that              






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