- 26 - 5(b)). Although not evidence, see also Spurlock v. Commissioner, 118 T.C. No. 9 (Feb. 15, 2002), wherein the Court found that Respondent had made I.R.C. � 6020(b) returns for 1995, 1996, and 1997. In petitioner’s motions for partial summary judgment, her litigating position was that the SFRs that respondent prepared were section 6020(b) returns. Spurlock v. Commissioner, 118 T.C. 155 (2002). We addressed and denied petitioner’s motions on the assumption that there were SFRs that qualified as section 6020(b) returns. However, contrary to respondent’s reading of our opinion, we expressly declined to decide whether those SFRs met the requirements of section 6020(b). In Spurlock v. Commissioner, supra at 157 n.3, we stated that “Both parties agree that respondent filed sec. 6020(b) returns for the years in issue; however, we do not decide whether those ‘returns’ meet the requirements of sec. 6020(b).” Since respondent has failed to produce any evidence that a “return” was filed, we hold that the section 6651(a)(2) additions to tax for failure to pay tax shown on a return is inapplicable. The documents that respondent alleges that he prepared as SFRs are attached to his response to petitioner’s motion for partial summary judgment for 1996 and 1997. Even if those documents were considered, we cannot agree that they meet the requirements of section 6020(b). We previously addressed what constitutes a section 6020(b) return in Millsap v. Commissioner, 91 T.C. 926 (1988), and Phillips v. Commissioner, 86 T.C. 433Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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