Stanley C. Wolcott - Page 7




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          payments for the 2000 or 2001 taxable year.  Because petitioner             
          did not file a Federal income tax return for the preceding                  
          taxable years, 1999 and 2000, respondent has met his burden of              
          producing evidence that petitioner had a required annual payment            
          of estimated tax for 2000 and 2001.  The Court also notes that              
          petitioner does not fit within any of the exceptions listed in              
          section 6654(e).7                                                           
               At trial and in his briefs, petitioner challenges the                  
          additions to tax on the basis that Form 1040 does not comply with           
          the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. secs. 3501-            
          3520 (2000).  This meritless argument and others like it have               
          been rejected repeatedly by this Court and Federal Courts of                
          Appeals.  See Wheeler v. Commissioner, 127 T.C. 200, 208 (2006)             
          (“The Paperwork Reduction Act is not a defense to the addition to           
          tax under section 6651(a)(1), nor does it create a loophole in              

               7 Sec. 6654(e) provides two exceptions to the sec. 6654(a)             
          addition to tax.  First, the addition is not applicable if the              
          tax shown on the taxpayer’s return for the year in question (or,            
          if no return is filed, the taxpayer’s tax for that year), reduced           
          for these purposes by any allowable credit for wage withholding,            
          is less than $1,000.  Sec. 6654(e)(1).  Second, the addition is             
          not applicable if the taxpayer’s tax for the full 12-month                  
          preceding taxable year was zero and the taxpayer was a citizen or           
          resident of the United States.  Sec. 6654(e)(2).  In light of our           
          earlier conclusion regarding petitioner’s 2000 and 2001                     
          deficiencies, petitioner is liable for deficiencies for 2000 and            
          2001 that net of withholding exceed $1,000.  Furthermore, in                
          light of our earlier conclusion regarding petitioner’s liability            
          for a deficiency for 2000, it has not been shown that petitioner            
          had no tax liability in 2000.  Because petitioner never filed a             
          Federal income tax return for 1999, it has not been shown that he           
          had no tax liability for that year.                                         





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