Elgin E. Flagg - Page 7

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          the year with respect to which the claim is made."  Sec.                    
          6511(d)(1).                                                                 
               Petitioner has not proven that the disputed amounts were               
          attributable to worthless debts or worthless securities.  His               
          allegation in his brief that the disputed amounts stemmed from              
          debts and securities which became worthless is unsupported by the           
          record.  The documents attached to his brief are not part of that           
          record.  Rule 143(b); see West 80 St. Garage Co. v. Commissioner,           
          12 B.T.A. 798, 800 (1928); see also Saunders v. Commissioner,               
          T.C. Memo. 1992-361, and the cases cited therein.  Nor does the             
          evidence of record persuade us that respondent offered petitioner           
          a settlement under which he would be refunded any of the 1986               
          overpayment.  Nor do we agree with petitioner's claim that                  
          respondent's "returns" are a return for purposes of section 6511.           
          They are not.1  See sec. 6501(b)(3); see also United States v.              
          Stafford, 983 F.2d 25, 27 (5th Cir. 1993) (the Commissioner's               
          execution of a return under section 6020(b) does not relieve the            
          taxpayer of his or her obligation to file a return); In re                  
          Bergstrom, 949 F.2d 341, 343 (10th Cir. 1991) (same); United                
          States v. Poschwatta, 829 F.2d 1477, 1483 (9th Cir. 1987) (same);           
          Moore v. Commissioner, 722 F.2d 193, 196 (5th Cir. 1984) (same),            
          affg. T.C. Memo. 1983-20.                                                   



               1 Even if they were, we find no evidence that respondent               
          prepared these returns on Aug. 4, 1994.                                     




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