- 5 - satisfy the requirements of the tax law; and fourth, the taxpayer must execute the return under penalties of perjury. In regard to the fourth requirement, section 6065 requires that returns be verified in writing under penalty of perjury. On June 8, 1987, petitioner mailed to respondent an unexecuted Form 1040, described supra on page 3. It is well established that the filing of an unsigned document does not rise to the level of a "return," and therefore such a document does not start the running of the statute of limitations against respondent. Lucas v. Pilliod Lumber Co., 281 U.S. 245, 249 (1930); Beard v. Commissioner, supra at 777; Richardson v. Commissioner, 72 T.C. 818, 823 (1979); see Sloan v. Commissioner, 102 T.C. 137, 143 (1994), affd. 53 F.3d 799 (7th Cir. 1995). Therefore, we conclude that the assessment against petitioner of any income tax deficiency for the taxable year 1986 was not barred by the statute of limitations contained in section 6501(a) on March 6, 1995, when respondent issued the notice of deficiency. Rather than sign the Form 1040 submitted to respondent on June 8, 1987, petitioner wrote "5th" on the signature line. The Fifth Amendment privilege against self-incrimination protects an individual from being compelled to disclose information that could reasonably be expected to furnish evidence needed to prosecute the claimant for a crime. Kastigar v. United States, 406 U.S. 441, 445 (1972); Hoffman v. United States, 341 U.S. 479,Page: Previous 1 2 3 4 5 6 Next
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