Laura Denise Seidel - Page 9

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          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).                          




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