- 12 - 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 knowledgeablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011