Neal Swanson - Page 3

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          petitioner is precluded from arguing that his unpaid liabilities            
          were discharged in bankruptcy.                                              
                                     Background                                       
               The parties submitted this case fully stipulated.  The                 
          stipulation of facts and the attached exhibits are incorporated             
          herein by this reference.  Petitioner resided in Lake Dallas,               
          Texas, at the time his petition was filed.                                  
               Petitioner did not file Forms 1040, U.S. Individual Income             
          Tax Return, for the taxable years 1993, 1994, and 1995.  Copies             
          of MFTRA-X transcripts of petitioner’s accounts for the tax years           
          at issue reflect that respondent filed “substitutes for return”1            
          (SFRs) for these years on February 24, 1997.  On May 28, 1997,              
          respondent issued a notice of deficiency to petitioner                      
          determining deficiencies in and additions to his Federal income             
          taxes for 1993, 1994, and 1995.  Petitioner filed a petition and            
          an amended petition with this Court seeking a redetermination.              
          On February 3, 1998, the Court dismissed the case for failure to            
          state a claim upon which relief could be granted and decided that           


               1The Commissioner has previously represented to this Court             
          that the term “substitute for return” (SFR) is a term used by the           
          Commissioner for returns or partial returns prepared by the                 
          Commissioner where the taxpayer did not file a return.  Spurlock            
          v. Commissioner, 118 T.C. 155, 156 n.2 (2002).  The term SFR has            
          also been used to describe a return prepared by the Commissioner            
          under sec. 6020(b).  We note that respondent does not allege and            
          the evidence in the record does not indicate whether the returns            
          prepared by respondent in this case meet the requirements of sec.           
          6020(b).  For convenience, we refer to the returns prepared by              
          respondent as SFRs.                                                         




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