T.C. Memo. 1999-281 UNITED STATES TAX COURT RICHARD ANDREWS AND L. SCOTT-ANDREWS, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 12628-98. Filed August 24, 1999. Ps filed a document purporting to be their 1995 Federal income tax return; Ps' so-called return was filed on plain sheets of paper. The IRS did not process the document as a return because it did not include sufficient information. R determined an income tax deficiency, an addition to tax under sec. 6651(a)(1), I.R.C., and an accuracy-related penalty under sec. 6662(a), I.R.C., for the 1995 taxable year. Ps have conceded the deficiency and addition to tax under sec. 6651(a)(1), I.R.C., as determined by R. Held: Ps' putative return of tax not filed on the proper form prescribed by the Secretary, and carrying a disclaimer that it is not intended in any way as a self-assessment of tax, is not a Federal income tax return. See Commissioner v. Lane-Wells Co., 321 U.S. 219, 223 (1944). Held, further, Ps are not liable for the accuracy- related penalty under sec. 6662(a), I.R.C., for their 1995 taxable year because they did not file a Federal income tax return for that year. See sec. 6664(b), I.R.C.Page: 1 2 3 4 5 6 7 8 Next
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