Eryck C. Aston - Page 8

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               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.                                                             







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