- 16 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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