- 5 - "shall contain or be verified by a written declaration that it is made under the penalties of perjury." Sec. 6065; see also Plunkett v. Commissioner, 41 B.T.A. 700, 711 (1940), affd. 118 F.2d 644 (1st Cir. 1941); Wallace v. Commissioner, T.C. Memo. 1975-133. Section 6061 provides that "any return, statement, or other document required to be made under any provision of the internal revenue laws or regulations shall be signed in accordance with forms or regulations prescribed by the Secretary." The regulations promulgated under section 6061 require that "Each individual * * * shall sign the income tax return required to be made by him, except that the return may be signed for the taxpayer by an agent who is duly authorized in accordance with paragraph (a)(5) or (b) of section 1.6012-1 to make such return." Sec. 1.6061-1(a), Income Tax Regs.2 Section 1.6012-1(a)(5), Income Tax Regs., provides, inter alia,3 that In addition, a return may be made by an agent if the taxpayer requests permission, in writing, of the district director * * * and * * * [the] district director determines that good cause exists for permitting the return to be so made. * * * Whenever a return is made by an agent it must be 2 Sec. 1.6012-1(b), Income Tax Regs., applies to returns of nonresident alien individuals and is not relevant here. 3 Sec. 1.6012-1(a)(5), Income Tax Regs., also sets forth the rules for making a return by an agent for persons under disabilities or out of the country for at least 60 days. Petitioner does not contend that either of these provisions applies.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011