- 7 - respondent's determinations that petitioners failed to file sufficient tax returns are presumed to be correct and petitioners bear the burden of proving her determinations erroneous. Rule 142(a); Cluck v. Commissioner, supra at 339. Section 6011(a) requires all taxpayers to make a return or statement according to the forms and regulations prescribed by the Secretary. A document constitutes a valid return if it contains sufficient data from which respondent can compute and assess a tax liability. McCaskill v. Commissioner, 77 T.C. 689, 696-697 (1981). Respondent's position is that petitioners' submitted Forms 1040-NR for 1992 and 1993 do not constitute valid income tax returns. We agree with respondent. Petitioners have not proven that the Forms 1040-NR sufficiently listed items of gross income, deductions, or calculations of taxes by which their proper tax liability could be ascertained. The attachment of Forms W-2 does not substitute for information required to be shown on the returns. See Beard v. Commissioner, 82 T.C. 766, 779 (1984). As was the case with their failure to file a timely return for 1991, petitioners have not shown that such failure was due to reasonable cause. Therefore, respondent's determinations that petitioners are liable for the section 6651(a)(1) addition to tax for 1992 and 1993 are sustained. The fifth issue for decision is whether petitioners are liable for the section 6663(a) fraud penalty for 1991. In herPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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