- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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