-14- Brooks v. Commissioner, T.C. Memo. 2007-80. The present case is partially distinguishable because it is undisputed that petitioner filed a return for 1998, he had some tax liability in 1998, he made no estimated tax payments for 1999, and he had no tax withheld for 1999. Therefore, petitioner had an obligation to make some amount of estimated tax payment for 1999, but he failed to do so. However, respondent produced no evidence of how much tax was shown on petitioner’s return for 1998. Without this evidence we cannot ascertain whether the required annual payment for 1999 is determined by the amount of petitioner’s tax liability for 1999, as respondent determined, or the amount shown on his 1998 return, which could yield a much lower addition to tax. Therefore, respondent has not met his burden of producing evidence that petitioner is liable for an addition to tax under section 6654(a) for taxable year 1999. See Wheeler v. Commissioner, supra; Higbee v. Commissioner, supra. Conclusion In sum, we conclude that petitioner is not entitled to any Schedule A itemized deductions or Schedule C business expense deductions above those that respondent has conceded. In addition, petitioner’s proposal to audit the Organization to offset his income tax deficiency is not permitted by the Code. Finally, petitioner is liable for additions to tax under sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008