Stephen W. Williams - Page 11

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          with the form prescribed by the Secretary.  Petitioner argues               
          that his disclaimer is “nowhere near the jurat;” therefore, he              
          executed a valid return.                                                    
               It is true that petitioner has carefully avoided adding                
          language within the jurat box.  We, however, believe that this is           
          just another attempt by a taxpayer to alter the essence of the              
          jurat and the Form 1040 without actually tampering with the                 
          preprinted form.  While not physically deleting, altering, or               
          adding words to the jurat, the disclaimer negated the meaning of            
          the jurat.  The jurat states that the signatory declares, under             
          penalties of perjury, that the return is true, correct, and                 
          complete.  The disclaimer at a minimum calls into question the              
          veracity, accuracy, and completeness of the disclaimer 1040 and             
          can be construed as a denial of the jurat altogether.  Although             
          petitioner physically signed the return below the jurat, his                
          disclaimer, in effect, vitiated his verification of the                     
          truthfulness of the return as required by the regulations                   
          prescribed by the Secretary and by section 6065.                            
               We have previously stated that the acceptance of documents             
          which vary from the form prescribed by the Secretary                        
               adversely affects the form’s useability by respondent.                 
               The tampered form, * * *, must be handled by special                   
               procedures and must be withdrawn from normal processing                
               channels.  * * *, it substantially impedes the                         
               Commissioner’s physical task of handling and verifying                 
               tax returns. * * *  [Beard v. Commissioner, 82 T.C. at                 
               776-777.]                                                              
          See also Reiff v. Commissioner, 77 T.C. 1169, 1177 (1981).  We              




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