Gregory Stewart Malone and Pamela Joyce Malone - Page 11

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            or the absence of SFR's4 do not defeat a taxpayer's liability or                            
            the Commissioner's computation of a deficiency.  Geiselman v.                               
            United States, 961 F.2d 1, 5 (1st Cir. 1992); Roat v.                                       
            Commissioner, supra; Hartman v. Commissioner, 65 T.C. 542, 546                              
            (1975).                                                                                     
                  Petitioners have failed to state a claim upon which relief                            
            can be granted.  Accordingly, we will grant so much of                                      
            respondent's motion that moves to dismiss.  See Scherping v.                                
            Commissioner, 747 F.2d 478 (8th Cir. 1984).                                                 



















                  4Petitioners misinterpret Abrams v. Commissioner, 787 F.2d                            
            939 (4th Cir. 1986), affg. 84 T.C. 1308 (1985), to stand for the                            
            proposition that a SFR must be filed where a taxpayer does not                              
            himself file a tax return.  What the court actually held in                                 
            Abrams was that warning letters sent by IRS to tax shelter                                  
            investors were not notices of deficiency.                                                   






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