- 27 - (1986). In Phillips v. Commissioner, supra at 437-438, we held that a “dummy return”, i.e., page 1 of a Form 1040 showing only the taxpayer’s name, address, and Social Security number, was not a section 6020(b) return.18 In Millsap v. Commissioner, supra, the Commissioner prepared a Form 1040 and attached a revenue agent’s report which contained sufficient information from which to compute the taxpayer’s tax liability. The attached report was subscribed, and we held that the Form 1040 together with the attached revenue agent’s report containing information from which the tax could be computed met the requirements for a section 6020(b) return. The same elements we found necessary to constitute a section 6020(b) return in Millsap v. Commissioner, supra, and Phillips v. Commissioner, supra, are generally required for purposes of a section 6020(b) return in the context of section 6651(a)(2) and (g)(2). Namely, the return must be subscribed, it must contain sufficient information from which to compute the taxpayer’s tax liability, and the return form and any attachments must purport to be a “return”. The mere fact that respondent’s files contain information upon which a tax might be 18A “dummy return” is “generated to open up an account for the taxpayer on the master file, and normally consists of a first page of a Form 1040 which contains a taxpayer’s name, address and social security number.” Internal Revenue Manual, Chief Counsel Directives Manual-Tax Litigation, sec. 35.4.27.2 (Nov. 16, 1999).Page: 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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