Robert E. Dunham - Page 12

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               Section 6011(a) requires taxpayers to file a return or                 
          statement according to the forms and regulations prescribed by              
          the Secretary.  The Supreme Court has on a number of occasions              
          considered the essential elements of a valid tax return, usually            
          for purposes of the statute of limitations.  Badaracco v.                   
          Commissioner, 464 U.S. 386 (1984); Commissioner v. Lane-Wells               
          Co., 321 U.S. 219 (1944); Zellerbach Paper Co. v. Helvering, 293            
          U.S. 172 (1934); Florsheim Bros. Drygoods Co. v. United States,             
          280 U.S. 453 (1930).  The essential elements of a valid return,             
          developed from Supreme Court precedent, are set forth in Beard v.           
          Commissioner, 82 T.C. 766, 777 (1984), affd. 793 F.2d 139 (6th              
          Cir. 1986) as follows:                                                      
               First, there must be sufficient data to calculate tax                  
               liability; second, the document must purport to be a                   
               return; third, there must be an honest and reasonable                  
               attempt to satisfy the requirements of the tax law; and                
               fourth, the taxpayer must execute the return under                     
               penalties of perjury.  [Id. at 777.]                                   
               In this case, the question of whether the Form 1040NR is a             
          valid return turns on the third requirement, whether petitioner             
          made an honest and reasonable attempt to satisfy the requirements           
          of the tax law.  At trial, petitioner admitted that at the time             
          he submitted the Forms 1040NR, he knew this Court had held his              
          arguments to be frivolous.  Petitioner, nevertheless, attempted             
          to advance his frivolous tax protester arguments that he was not            
          a U.S. citizen by purposefully filing a nonresident alien form.             
          Petitioner is a well-educated, articulate, and knowledgeable                




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