Steven R. Olmos - Page 13




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          section 6654(d)(1)(B) to make an annual payment during 2001 of 90            
          percent of the tax for 2001.7  Respondent also introduced into               
          evidence Form 4340, which shows that petitioner did not make the             
          required estimated tax payments.  On the basis of this evidence,             
          we find that respondent has met his burden of production.                    
               We do not find that a statutory exception to the addition to            
          tax under section 6654(e) applies.  Therefore, we conclude that              
          petitioner is liable for an addition to tax under section                    
          6654(a).                                                                     
          V.   Penalty Under Section 6673(a)(1)                                        
               Section 6673(a)(1) authorizes the Court to require a                    
          taxpayer to pay the United States a penalty in an amount not to              
          exceed $25,000 whenever the taxpayer’s position is frivolous or              
          groundless or the taxpayer has instituted or pursued the                     
          proceeding primarily for delay.  At trial and on brief,                      
          respondent asked the Court to impose a penalty under section                 
          6673(a)(1) against petitioner due to petitioner’s failure to                 
          cooperate, his failure to appear at trial, and his continual                 
          delay.                                                                       
               Petitioner’s actions evidence an intention to delay the                 
          proceedings, and he has failed to cooperate with respondent at               

               7  As discussed supra, respondent also established that                 
          petitioner has tax due for 2001 as the result of the medical and             
          healthcare payments received.  The amount of tax due, and                    
          consequently, the amount of the additions to tax, must be                    
          determined by the parties under Rule 155.                                    






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