-13- taxpayer’s return for the preceding taxable year exceeds $150,000, a higher percentage may apply. Sec. 6654(d)(1)(C). Respondent has proven that petitioner (1) was required to file returns for 1999 through 2003, (2) did not file returns for those years, (3) had an obligation to pay tax for each of those years, and (4) did not make any estimated tax payments for those years or have any tax withheld. Therefore, respondent has met his burden of production with respect to taxable years 2000 through 2003 because petitioner had a required annual payment under section 6654(d)(1)(B) for each of those years. Sec. 7491(c). Petitioner has provided no contrary evidence, and we find that no exemption under section 6654(e) applies. Accordingly, we hold that petitioner is liable for the additions to tax under section 6654 for taxable years 2000 through 2003. With respect to taxable year 1999, petitioner stipulated that he had a tax liability for 1998 and paid this liability, but the record contains no evidence as to the amount of petitioner’s tax liability for 1998. We have held that the Commissioner must introduce evidence showing whether a taxpayer filed a return for the year preceding the year in issue and, if so, the amount of the tax shown on the return, in order to meet his burden; without that information, the Court cannot complete the comparison required by section 6654(d)(1)(B). Wheeler v. Commissioner, 127 T.C. 200, 212 (2006); Smith v. Commissioner, T.C. Memo. 2007-121;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008