Gloria J. Spurlock - Page 7




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          collection.”  And, in section 6651(g)(1), a return prepared by              
          the Commissioner shall be disregarded for purposes of section               
          6651(a)(1), which imposes an addition to tax for failure to file            
          any “return”.                                                               
               Petitioner argues, on the basis of the aforementioned Code             
          sections, that “Where I.R.C. � 6020(b) returns are not to be                
          ‘good and sufficient for all legal purposes,’ Congress has either           
          specifically stated the legal purpose for which they will not be            
          good and sufficient (as in I.R.C. � 6501(b)(3))”.  However, we do           
          not find that the language of section 6020(b)(2) is limited only            
          where Congress does so expressly.  Our decisions in Millsap v.              
          Commissioner, supra, and Healer v. Commissioner, supra, dealt               
          with situations where Congress did not impose any specific                  
          limitation on section 6020(b)(2) with respect to the Code                   
          sections involved, and we are not prepared to say that those                
          cases were incorrectly decided.                                             
               Further, we might add that Congress impliedly recognized               
          that section 6020(b)(2) has limited application when it enacted             
          section 6651(g)(2):  Section 6651(g)(2) treats a section 6020(b)            
          return as a return of the taxpayer for purposes of section                  
          6651(a)(2) and (3).  Petitioner, however, argues that section               
          6651(a)(2) is an example of a provision that is so “narrowly                
          drawn” that the term “return” can only be interpreted to refer to           
          a return filed by the taxpayer.  Despite petitioner’s                       






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