Neal Swanson - Page 22

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          An SFR prepared under section 6020(b) does not constitute a                 
          return of the taxpayer for purposes of 11 U.S.C. sec.                       
          523(a)(1)(B) in the absence of the signature of the taxpayer.  In           
          re Bergstrom, supra at 343.                                                 
               In the instant case, petitioner failed to file required                
          returns for the years 1993, 1994, and 1995, and respondent                  
          prepared SFRs for these years.  Regardless of whether the SFRs              
          were prepared in accordance with section 6020(b), there is no               
          evidence that petitioner signed the SFRs, which is required                 
          before an SFR can constitute a return for purposes of 11 U.S.C.             
          sec. 523(a)(1)(B).13                                                        




               12(...continued)                                                       
                    The government’s position that � 523(a)(1)(B)(i)                  
               renders nondischargeable a tax for which the debtor did                
               not file a tax return is supported by the legislative                  
               history.  See Notes of Committee on the Judiciary, S.                  
               Rep. No. 95-989, 95th Cong., 2nd Sess. 78 (1978), U.S.                 
               Code Cong. & Admin. News 1978, p. 5787 * * *.                          
          [Emphasis supplied.]                                                        
               13We are aware that under sec. 6651(g), a return the                   
          Secretary prepared under sec. 6020(b) is treated as “the return             
          filed by the taxpayer for purposes of determining the amount of             
          the addition” under sec. 6651(a)(2).  Cabirac v. Commissioner,              
          supra at 170; Spurlock v. Commissioner, T.C. Memo. 2003-124.                
          However, this is a specific statutory provision limited to                  
          situations involving the determination of whether a taxpayer is             
          liable for a certain addition to tax.  There is no analogous                
          provision in the Bankruptcy Code providing that a return prepared           
          under sec. 6020(b) is treated as the return filed by the debtor             
          for purposes of determining the dischargeability of tax debts               
          under 11 U.S.C. sec. 523(a)(1) (2000).                                      





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