Nellwyn A. Buck - Page 14

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               On April 17, 1989, petitioner and Mr. Buck mailed the                  
          purported return to respondent.  The purported return was not               
          signed by either petitioner or Mr. Buck.  Rather, the purported             
          return contained the statement "Fifth Amendment" in the spaces              
          provided for petitioner's and Mr. Buck's signatures.                        
               This Court has specifically held that the submission of an             
          unsigned document purporting to be a return does not constitute             
          the filing of a "return".  Beard v. Commissioner, supra at 777-             
          778; Richardson v. Commissioner, 72 T.C. 818, 823 (1979); Joseph            
          v. Commissioner, T.C. Memo. 1996-77 (where Form 1040 contained              
          the statement "5th" in the space provided for the taxpayer's                
          signature, the Court held that such form was not a valid return             
          and did not start the running of the statute of limitations); see           
          Sloan v. Commissioner, 102 T.C. 137 (1994), affd. 53 F.3d 799               
          (7th Cir. 1995); see also sec. 6061; sec. 1.6061-1(a), Income Tax           
          Regs.  Thus, the purported return submitted by petitioner and Mr.           
          Buck on April 19, 1989, did not constitute a return.                        
               As relevant herein, the term "deficiency" is defined by                
          section 6211(a) as the excess of the amount of tax actually due             
          over the amount shown as tax by the taxpayer upon the return, if            
          the taxpayer made a return showing an amount of tax due.  Sec.              
          6211(a)(1)(A).  Because petitioner did not file a return before             
          the notice of deficiency was issued, a deficiency existed in an             
          amount equal to the entire tax due.  See sec. 6211(b)(1);                   
          Olmstead v. Commissioner, T.C. Memo. 1993-216 (where the taxpayer           




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