- 5 - with their corporate income tax returns for that year. The record does not reveal whether at any time petitioner had assets sufficient to repay the $50,000. During 1995, petitioner completed, executed, and submitted to the Internal Revenue Service (the Service) a Form 1040, U.S. Individual Income Tax Return, for the 1994 taxable year (1994 Form 1040). Before submitting the Form 1040, petitioner struck the words “penalties” and “perjury” from the verification portion of that form (jurat) which appeared immediately above her signature. Before that action, the jurat read: “Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete.” The 1994 Form 1040 reflected no tax payments made for that year by petitioner, either through withholding or estimated payments. Respondent determined that petitioner’s 1994 Form 1040 did not constitute a valid Federal income tax return because she did not sign it under penalty of perjury. In the notice of deficiency, respondent included $50,000 in petitioner’s income on the ground that the corporation had relieved her indebtedness to it by that amount in connection with the reorganization. In addition, respondent determined that petitioner was liable for an addition to tax under section 6651(a)(1) because she had not filed a valid 1994 Federal income return by its due date and forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011