- 18 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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