- 9 - is appropriate to impose the relevant penalty, addition to tax, or additional amount”. Swain v. Commissioner, 118 T.C. 358, 363 (2002); Higbee v. Commissioner, 116 T.C. 438, 446 (2001). If a taxpayer files a petition alleging some error in the determination of an addition to tax, the taxpayer’s challenge will succeed unless the Commissioner produces evidence that the addition to tax is appropriate. Swain v. Commissioner, supra at 363-365. Petitioner challenged the section 6654 addition to tax in her petition. Accordingly, respondent bears the burden of production on this issue. B. Section 6654 Section 6654 provides for an addition to tax in the event of an underpayment of a required installment of individual estimated tax. Sec. 6654(a) and (b). Each required installment of estimated tax is equal to 25 percent of the “required annual payment”, which is 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 percent4 of the tax shown on that return. Sec. 6654(d)(1)(A) and (B)(i) and (ii). “In order to 4 If the adjusted gross income shown on the return for the preceding taxable year exceeds $150,000, 100 percent is replaced with 112 percent for 2001. Sec. 6654(d)(1)(C)(i).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011