- 11 - for return “from his own knowledge and from such information as he can obtain through testimony or otherwise.” This section, however, is permissive, not mandatory. United States v. Stafford, 983 F.2d 25, 27 (5th Cir. 1993); Roat v. Commissioner, supra at 1381. Thus, although section 6020(b) allows the Commissioner to prepare a substitute for return for a nonfiling taxpayer, it is firmly established that section 6211(a) does not require the Commissioner to prepare a substitute for return before determining a deficiency and issuing a notice. Geiselman v. United States, 961 F.2d 1, 5 (1st Cir. 1992); Schiff v. United States, supra at 832; see also Roat v. Commissioner, supra at 1381-1382 (even when a substitute for return is prepared for a taxpayer, the Commissioner need not use that “return” in determining the taxpayer’s deficiency under section 6211(a)). As section 6211(a) makes plain, only “if a return was made by the taxpayer” does the tax shown on a return figure in the Commissioner’s determination of a deficiency. When a taxpayer fails to file a return, as petitioner here, “it is as if he filed a return showing a zero amount for purposes of assessing a deficiency.” Schiff v. United States, supra at 832. In such a case the deficiency is “the amount of tax due.” Laing v. United States, supra. Petitioner argues that section 301.6211-1(a), Proced. & Admin. Regs., is invalid because it is inconsistent with sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011