Michael A.Cabirac - Page 11

                                       - 11 -                                         
          See also United States v. Mosel, supra at 158.  In United States            
          v. Edelson, 604 F.2d 232, 234 (3d Cir. 1979), the Third Circuit             
          Court of Appeals, to which this case is appealable, stated:  “it            
          is now well established that tax forms that do not contain                  
          financial information upon which a taxpayer’s tax liability can             
          be determined do not constitute returns within the meaning of the           
          Internal Revenue Code”.11                                                   
               The Forms 1040 and 1040A that petitioner submitted contain             
          only zero entries, and it is clear from the attachments to those            
          returns that petitioner did not make an honest and reasonable               
          attempt to supply the information required by the Internal                  
          Revenue Code.  We hold that petitioner did not file valid                   
          returns.  Petitioner did not establish that his failure to file             
          was due to reasonable cause.  We therefore sustain the section              
          6651(a)(1) additions to tax as determined.                                  
               Section 6654(a) provides for an addition to tax in the case            
          of an underpayment of estimated tax.  Petitioner made no                    
          estimated tax payments, and no income taxes were withheld for               


               10(...continued)                                                       
          and (4) it is executed under penalties of perjury.                          
               11In United States v. Long, 618 F.2d 74, 75 (9th Cir. 1980),           
          the Court of Appeals for the Ninth Circuit held that a return               
          containing only zeros was a return for purposes of sec. 7203                
          since it contained information relating to the taxpayer’s income            
          from which the tax could be computed.  The holding in United                
          States v. Long, supra, represents the minority view that we do              
          not follow in the present case.                                             




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