- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011