- 7 - 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’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011