- 6 - (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 percent of the tax shown on that return. Sec. 6654(d)(1)(B); Wheeler v. Commissioner, supra at 210-211; Heers v. Commissioner, T.C. Memo. 2007-10. A taxpayer has an obligation to pay estimated tax for a particular year only if he has a “required annual payment” for that year. Wheeler v. Commissioner, supra at 211. Respondent introduced evidence to prove petitioner was required to file a Federal income tax return for 2002, petitioner did not file a 2002 return, and petitioner failed to make estimated tax payments (with the exception of the withheld tax). However, in order to permit this Court to make the analysis required by section 6654(d)(1)(B)(ii) and to conclude that respondent met his burden of producing evidence that petitioner had a required annual payment for 2002 payable in installments under section 6654, respondent also must introduce evidence showing whether petitioner filed a return for the preceding taxable year and, if so, the amount of tax shown on that return. Respondent did not do so. Without that evidence, this Court cannot identify the number equal to 100 percent of the tax shown on petitioner’s 2001 return, complete the comparison required by section 6654(d)(1)(B), and conclude petitioner had a required annual payment for 2002 that was payable in installments underPage: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007