- 39 - purpose, or have any effect, under the Code. In re Hindenlang, 164 F.3d 1029, 1034 (6th Cir. 1999) (document filed post- assessment not a valid return under Beard); In re Hatton, 220 F.3d 1057, 1061 (9th Cir. 2000) (“belated acceptance of responsibility * * * does not constitute an honest and reasonable attempt to comply with the requirements of the tax law” when taxpayer filed a document purporting to be a return post- assessment). This inquiry is proper under the third prong of the Beard test. Petitioner’s 1988 tax return was due on or before April 17, 1989. See secs. 6072(a), 7503. In this case, petitioner filed his 1988 “return” on or about May 14, 1997, more than 8 years after the due date. This was more than 2 years after he received the May 3, 1995, notice of deficiency, which certainly put him on notice that his 1988 return had not been filed.17 Further, petitioner did not file his purported “return” until more than 21 months after he filed his petition with the Court on July 17, 1995. The adjustments in the notice of deficiency were determined without the benefit of petitioner’s “return”. In applying the facts as found by the majority opinion to the test set forth in Beard, it is evident under the facts of this case that petitioner’s filing of the purported “return” was not an honest and reasonable attempt to comply with the tax laws. 17 It appears petitioner was put on notice that his 1988 tax return had not been filed as early as June 14, 1990, when he received a letter from his attorney, who was preparing his tax returns, which stated she had not yet filed a return for 1988. See majority op. p. 21.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011