You can avoid paying the penalty by arranging your withholding or quarterly prepayments such that there is no refund because according to the law as passed by congress, the fine can only be taken out of that refund. Arranging your tax payments that way is sensible even without the penalty. Why lend the government your money interest free ? And, given the parlous state of the economy you really can’t be confident that you will get that refund and not a government IOU. Other countries have done that.
As I said. As the years tick by the amount you owe still acquires penalties which you will have pay to clear your balance. I don’t believe they can penalize you for underpayment during the current year the money would be due.
Most of those who will get nailed with a tax penalty are those you hear exclaiming “I’m getting $300 back this year!” They think the government is giving them money. It excites the hell out of them.