- 13 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007