UNITED STATES TAX COURT
WILLIAM C. REICHENBACH, Petitioner v
.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 27706-96. Filed February 5, 1998.
William C. Reichenbach, pro se.
Lynn M. Brimer
, for respondent.
MEMORANDUM FINDINGS OF FACT AND OPINION
LARO, Judge
: On September 30, 1996, respondent issued a notice of deficiency to petitioner based on his failure to file Federal income tax returns for 1993 and 1994 and report income from the receipt of wages, gain from the sale of property, and taxable distributions from qualified retirement plans.
Respondent determined deficiencies and additions to tax as follows:
Additions to Tax
Sec. Sec.
Year
Deficiency
6651(a)(1)
6654 1993 $37,428 $6,397 $1,017 1994 41,918 8,829 1,782 Petitioner petitioned the Court on December 30, 1996, to redetermine respondent's determination of these deficiencies and additions to tax.
We must decide: (1) Whether petitioner is liable for the deficiencies determined by respondent; (2) whether petitioner is liable for the additions to tax determined by respondent under section 6651(a)(1); (3) whether petitioner is liable for the additions to tax determined by respondent under section 6654; and (4) whether petitioner is liable for a penalty under section 6673. We hold for respondent on all issues. We also hold that petitioner is liable for a penalty under section 6673 and require him to pay to the United States a penalty of $5,000. Unless otherwise stated, section references are to the Internal Revenue Code in effect for the years in issue, and Rule references are to the Tax Court Rules of Practice and Procedure. Dollar amounts are rounded to the nearest dollar.
within the prescribed time. Sec. 301.6651-1(c)(1), Proced. & Admin. Regs. Willful neglect means a conscious, intentional failure or reckless indifference. United States v. Boyle , 469 U.S. 241, 245 (1985). Petitioner admittedly filed no returns for 1993 and 1994 although the amount of income he received required him to do so. See sec. 6012. We find that petitioner's failure to file was not due to reasonable cause. We sustain respondent's determination on this issue.
III. Section 6654 -- Failure To Pay Estimated Income Tax
Respondent determined that petitioner underpaid his estimated income tax and is liable for additions to tax under section 6654. Where payments of tax, either through withholding or by making estimated tax payments, do not equal the percentage of the total liability required under the statute, imposition of the addition to tax under section 6654 is automatic, absent a showing that the taxpayer has met one of the exceptions contained therein. See Recklitis v. Commissioner , 91 T.C. 874, 913 (1988);
Tillman v. Commissioner
, T.C. Memo. 1996-8. Because petitioner has not shown that any one of the exceptions applies, we sustain respondent's determination on this issue.
IV. Section 6673--Penalty Awarded by Court
We decide sua sponte to impose a penalty upon petitioner under section 6673(a). Section 6673(a)(1) authorizes the Court to require a taxpayer to pay to the United States a penalty not On the basis of the record, we conclude that the proceedings herein were instituted primarily for delay and that petitioner's position is both frivolous and groundless. Accordingly, we exercise our discretion and award a penalty to the United States under section 6673 in the amount of $5,000. See Coulter v. Commissioner , 82 T.C. 580, 584-586 (1984); Abrams v.
Commissioner
, 82 T.C. 403, 408-411 (1984).
We have reviewed petitioner's other arguments and find them to be without merit.
To reflect the foregoing, An appropriate order will be issued, and decision will be entered under Rule 155 .