Wesley W. and Patsie Burnett - Page 11




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          According to petitioners, respondent must “make, execute, and               
          file an involuntary return before there is a deficiency as                  
          defined by Congress”.  Here, petitioners allege, respondent has             
          prepared only “dummy” returns as to the subject years.                      
               We disagree with petitioners’ allegation that the notices of           
          deficiency are invalid for lack of a section 6020(b) “return”.              
          In accordance with firmly established law, respondent need not              
          actually prepare a return in order to determine a deficiency in             
          the tax of a taxpayer who has never filed a return for that year.           
          Roat v. Commissioner, 847 F.2d 1379, 1381 (9th Cir. 1988);                  
          Hartman v. Commissioner, 65 T.C. 542, 545 (1975); see also Schott           
          v. Commissioner, T.C. Memo. 1991-457.  The mere fact that                   
          respondent may not have based petitioners’ deficiency notices               
          upon a return within the meaning of section 6020(b) does not for            
          any year invalidate any of those notices.                                   
          II.  Deficiency Determination                                               
               Respondent determined that petitioners were liable for taxes           
          on the amount of income reconstructed by the agent.  Petitioners            
          argue that respondent’s determination is arbitrary and erroneous.           
          As to the wage income, petitioners argue, respondent failed to              
          establish the correct amount of wages that Mr. Burnett received             



               7(...continued)                                                        
                    (2) Status of returns.--Any return so made and                    
               subscribed by the Secretary shall be prima facie good                  
               and sufficient for all legal purposes.                                 





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