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