Nathan T. OLPIN - Page 7




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          and regulations prescribed by the Secretary."  A return required            
          to be filed "shall contain or be verified by a written                      
          declaration that it is made under the penalties of perjury."                
          Sec. 6065.  Section 6061 provides the general rule 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.  The                 
          signature of petitioner's tax preparer does not qualify, nor does           
          petitioner suggest that it qualifies, as the signature of a duly            
          authorized agent as described by the regulations.                           
               The law is well settled that a Form 1040 that is not duly              
          signed and verified under penalties of perjury does not                     
          constitute a valid Federal income tax return.  See Elliott v.               
          Commissioner, 113 T.C. 125, 128 (1999); Richardson v.                       
          Commissioner, 72 T.C. 818, 823 (1979); Cupp v. Commissioner, 65             
          T.C. 68, 78-79 (1975), affd. without published opinion 559 F.2d             
          1207 (3d Cir. 1977); Vaira v. Commissioner, 52 T.C. 986, 1005               
          (1969), revd. on other grounds 444 F.2d 770 (3d Cir. 1971);                 





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