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original return was filed after a notice of deficiency had been
issued.” Majority op. p. 27. I agree. These authorities,
however, support the proposition that we should follow the
statute and let the chips fall where they may. Schwarzkopf v.
Commissioner, supra at 734-735 (stating that a taxpayer may rely
on the tax shown on a return from the preceding year even when
the return is held to have fraudulently understated income); Rev.
Rul. 2003-23, 2003-8 I.R.B. 511 (stating that a taxpayer may rely
on the tax shown on an untimely return for purposes of
determining estimated tax payments).
In a further attempt to justify its holding, the majority
expresses concern that taxpayers “would be able to negate the
addition to tax simply by filing a return for that year that
showed a tax liability less than the quarterly estimated payments
actually made or, if none had been made, that showed a zero tax
liability.” Majority op. p. 28. As Judge Vasquez’s concurring
opinion emphasizes, long-standing precedent authorizes us to find
that a return is invalid if the taxpayer does not make an honest
and reasonable attempt to satisfy the requirements of the tax
law. Zellerbach Paper Co. v. Helvering, 293 U.S. 172, 180
(1934); Florsheim Bros. Drygoods Co. v. United States, 280 U.S.
453, 462 (1930); Beard v. Commissioner, 82 T.C. 766, 777 (1984),
affd. 793 F.2d 139 (6th Cir. 1986). Thus, if the majority found
that petitioner’s return was filed with the intent to avoid the
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