Fortunato J. Mendes - Page 31

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          deficiency procedures, found in sections 6211 through 6216 (the             
          deficiency procedures), inapplicable to the section 6654 addition           
          except in one instance.  In effect, section 6665(b)(2) makes the            
          deficiency procedures inapplicable to the addition if the                   
          taxpayer has filed a return for the year in question.  The                  
          Commissioner is thus free to assess and collect any section 6654            
          addition based upon the tax shown on the taxpayer’s return as               
          filed without the need first to issue a notice of deficiency.               
          The one instance in which the deficiency procedures do apply to             
          the addition is where the taxpayer has failed to file a return              
          for the year in question.  Sec. 6665(b)(2).                                 
               The deficiency procedures prescribe a comprehensive set of             
          rules that, with limited exceptions, the Commissioner must follow           
          before he is free to assess and collect certain taxes, including            
          the income tax.  The term “deficiency” is defined in section                
          6211(a)(1)(A).  Generally, a deficiency is the excess of “the tax           
          imposed” over the tax shown on the taxpayer’s return if the                 
          taxpayer makes a return showing an amount of tax.  Id.                      
          Obviously, the “return” referred to in that definition must be a            


               15(...continued)                                                       
                         (1) in the case of an addition described in                  
                    section 6651, to that portion of such addition which is           
                    attributable to a deficiency in tax described in                  
                    section 6211; or                                                  
                         (2) to an addition described in section 6654 or              
                    6655, if no return is filed for the taxable year.                 





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