- 8 - A. Section 6651(a)(1) Respondent determined that petitioner is liable for an addition to tax pursuant to section 6651(a)(1). Section 6651(a)(1) imposes an addition to tax for failure to file a return on the date prescribed (determined with regard to any extension of time for filing), unless such failure is due to reasonable cause and not due to willful neglect. Respondent introduced as evidence the Form 1040A for 1999 that petitioner submitted to respondent.6 This return was not signed. Such unsigned tax return submitted to the Commissioner is insufficient to avoid the addition to tax pursuant to section 6651(a)(1). Vaira v. Commissioner, 52 T.C. 986, 1004-1006 (1969), revd. on other grounds 444 F.2d 770 (3d Cir. 1971); see also Dixon v. Commissioner, 28 T.C. 338, 347-348 (1957) (the submission of an unsigned tax return to the Internal Revenue Service is not the making of an income tax return). We conclude that respondent satisfied his burden of production regarding this issue. Thus, petitioner must come forward with evidence 6 Petitioner testified that the first name on the Form 1040A is spelled “Ercyk” whereas petitioner’s first name is spelled “Eryck”; however, he did not testify that the Form 1040A was not his. This appears to be no more than a typographical error given that petitioner’s name, correctly spelled, and signature appears on documents attached to the Form 1040A and petitioner testified that his Social Security number is listed on the Form 1040A.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011