Richard Andrews and L. Scott-Andrews - Page 5




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          (other than a return prepared by the Secretary under the                    
          authority of section 6020(b))."  Sec. 6664(b).  Respondent took             
          the position in his trial memorandum that the section 6662(a)               
          accuracy-related penalty applies in this case notwithstanding               
          that petitioners have failed to file a return for their 1995                
          taxable year.  In addition, respondent elicited testimony from              
          Lisa Zannitto, the IRS's Chief of Case Processing, Southern                 
          California Appeals, that the Document submitted by petitioners              
          was not processed as a return because it did not contain                    
          sufficient information to constitute a return.  On his brief,               
          respondent now takes the position that the Document does                    
          constitute a return for purposes of sections 6664(b) and 6662(a).           
               Section 6011(a) requires taxpayers to file a return or                 
          statement according to the forms and regulations prescribed by              
          the Secretary.  Describing the statutory mandate, the U.S.                  
          Supreme Court in Commissioner v. Lane-Wells Co., 321 U.S. 219               
          (1944), stated:                                                             
                    Congress has given discretion to the Commissioner to              
               prescribe by regulation forms of returns and has made it the           
               duty of the taxpayer to comply.  It thus implements the                
               system of self-assessment which is so largely the basis of             
               our American scheme of income taxation.  The purpose is not            
               alone to get tax information in some form but also to get it           
               with such uniformity, completeness, and arrangement that the           
               physical task of handling and verifying returns may be                 
               readily accomplished.  * * *  [Id. at 223.]                            
               The regulations implementing the statutory mandate under               
          section 6011(a) provide in pertinent part:                                  





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