Richard Andrews and L. Scott-Andrews - Page 6




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                    (b) Use of prescribed forms.  Copies of the prescribed            
               return forms will so far as possible be furnished taxpayers            
               by district directors.  A taxpayer will not be excused from            
               making a return, however, by the fact that no return form              
               has been furnished to him.  Taxpayers not supplied with the            
               proper forms should make application therefor to the                   
               district director in ample time to have their returns                  
               prepared, verified, and filed on or before the due date with           
               the internal revenue office where such returns are required            
               to be filed.  Each taxpayer should carefully prepare his               
               return and set forth fully and clearly the information                 
               required to be included therein.  Returns which have not               
               been so prepared will not be accepted as meeting the                   
               requirements of the Code.  In the absence of a prescribed              
               form, a statement made by a taxpayer disclosing his gross              
               income and the deductions therefrom may be accepted as a               
               tentative return, and, if filed within the prescribed time,            
               the statement so made will relieve the taxpayer from                   
               liability for the addition to tax imposed for the delinquent           
               filing of the return, provided that without unnecessary                
               delay such a tentative return is supplemented by a return              
               made on the proper form.  [Sec. 1.6011-1(b), Income Tax                
               Regs.]                                                                 
               Thus, in order to constitute a return for purposes of                  
          section 6011(a), the regulations require the use of the proper              
          official form.  See Beard v. Commissioner, 82 T.C. 766, 775-776             
          (1984) (also recognizing that "the only permissible exception to            
          the use of the official form has been the permission, granted * *           
          * to tax return preparers * * * to reproduce and vary very                  
          slightly the official form pursuant to the Commissioner's revenue           
          procedures."), affd. per curiam 793 F.2d 139 (6th Cir. 1986).               
          While the regulations also grant the Commissioner authority to              
          accept a substituted provisional form, the Commissioner is                  
          certainly not required to accept any document submitted in lieu             
          of a proper official form.  If the Commissioner were obligated to           





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