- 5 - (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:Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011