Morton Zuckerman - Page 18

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          perjury in accordance with section 6065.  Under well-settled law,           
          the unsigned form does not constitute a valid return, and hence             
          petitioner filed no return for 1987.3  Lucas v. Pilliod Lumber              
          Co., 281 U.S. 245, 248-249 (1930); Dixon v. Commissioner, 28 T.C.           
          338, 346-348 (1957); Plunkett v. Commissioner, 41 B.T.A. 700                
          (1940), affd. 118 F.2d 644 (1st Cir. 1941).  Petitioner made no             
          payments prior to the due date for his returns.  Federal income             
          tax withheld from Mrs. Zuckerman's wage income appears to have              
          been properly credited entirely to her in respondent's                      
          determination of her separate deficiency.  Therefore, in the                
          absence of excuse for petitioner's delinquencies, the addition to           
          tax would apply to the full amount of his tax liability for each            
          year, at the maximum statutory rate of 25 percent.  Sec.                    
          6651(a)(1) and (b).                                                         
               Section 6653(a) imposes additions to tax if any part of an             
          underpayment is due to negligence or intentional disregard of               


               3Respondent treated the Form 1040 for 1987 as a valid                  
          Federal income tax return, and in these proceedings took the                
          position that petitioner had adopted the Form 1040 as his return            
          by stipulation.  Neither respondent's acceptance of the Form 1040           
          nor petitioner's attempt to adopt it--if in fact that was his               
          intent--would have been effective to waive the statutory                    
          requirement.  Lucas v. Pilliod Lumber Co., 281 U.S. 245, 248-249            
          (1930); Dixon v. Commissioner, 28 T.C. 338, 343-344, 347-348                
          (1957); Hammann v. Commissioner, T.C. Memo. 1987-260.                       
          Nevertheless, inasmuch as the Form 1040 was not filed until                 
          nearly 2 years after it was due, the addition to tax under sec.             
          6651(a)(1) is the same--the 25-percent maximum rate provided--              
          whether or not petitioner is treated as having filed a valid                
          return.                                                                     




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