Michael A.Cabirac - Page 16

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          those documents received on February 23, 2000, which date is more           
          than 3 months before the date of the May 31, 2000, notice of                
          proposed adjustments and the May 31, 2000, revenue agent’s                  
          report.  There is no evidence that the notice or the revenue                
          agent’s report were ever put together with the SFRs and filed as            
          section 6020(b) returns.                                                    
               We find that the notice of proposed adjustments and the                
          revenue agent’s report cannot be considered to be part of the               
          SFRs that respondent prepared.  We cannot agree with respondent’s           
          suggestion that the presence of what are essentially “dummy                 
          returns” and a revenue agent’s report somewhere in the record               
          meets the requirements of section 6020(b).  If that were the                
          case, respondent could dispense with any degree of formality in             
          preparing section 6020(b) returns, and sections 6020(b) and                 
          6651(g) would apply in every case that comes before us where a              
          return was not filed and a tax was not paid.  Certainly, our                
          decisions in Phillips and Millsap mandate a greater degree of               
          formality than that suggested by respondent.17                              
               The record in the instant case contains essentially the same           
          materials that were involved in Phillips v. Commissioner, supra.            


               17Respondent does not argue that his final determination               
          contained in the notice of deficiency issued on Sept. 28, 2001,             
          should be considered in determining whether sec. 6020(b) returns            
          were filed.  Indeed, such an argument would be inconsistent with            
          our opinions in Phillips v. Commissioner, 86 T.C. 433 (1986) and            
          88 T.C. 529 (1987), affd. in part and revd. in part on another              
          issue 851 F.2d 1492 (D.C. Cir. 1988).                                       




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