-5- Petitioner’s alternative argument challenges the applicability of section 6651(a)(1) to an employer such as petitioner who fails to file timely a Form 941. Petitioner asserts that a plain reading of section 6651(a)(1) places such an untimely filing outside of that section. We disagree. Section 6651(a)(1) applies explicitly to a failure “to file any return required under authority of subchapter A of chapter 61 (other than part III thereof)”, and, contrary to petitioner’s assertion, a Form 941 is required to be filed not under authority of part III of subchapter A of chapter 61 (part III) but under authority of part II of subchapter A of chapter 61 (part II).3 More specifically, petitioner’s obligation to file the Forms 941 at issue arose under the authority of section 6011(a) and the regulations prescribed thereunder. Section 6011(a), which is found not in part III but in part II, provides: SEC. 6011. GENERAL REQUIREMENT OF RETURN, STATEMENT, OR LIST. (a) General Rule.--When required by regulations prescribed by the Secretary any person made liable for any tax imposed by this title, or with respect to the collection thereof, shall make a return or statement according to the forms and regulations prescribed by the Secretary. Every person required to make a return or statement shall include therein the information required by such forms or regulations. 3 Part II includes secs. 6011 through 6021 and is entitled “Tax Returns or Statements”.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011