William H. Johnston and Nancy S. Johnston - Page 5

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               Petitioners’ contention that the Commissioner cannot                   
          determine a deficiency for a year for which a taxpayer did not              
          file a return is frivolous.  Scruggs v. Commissioner, T.C. Memo.            
          1995-355, affd. without published opinion 117 F.3d 1433 (11th               
          Cir. 1997); Roman v. Commissioner, T.C. Memo. 1995-175; Zyglis v.           
          Commissioner, T.C. Memo. 1993-341, affd. without published                  
          opinion 29 F.3d 620 (2d Cir. 1994).  Petitioners’ contention that           
          failure to file a return shields the nonfiler from income tax               
          liability is also frivolous.  Where a taxpayer files no return,             
          the deficiency is determined as if a return had been filed on               
          which the taxpayer reported that the amount of tax due was zero;            
          thus, the deficiency is the amount of tax due.  Laing v. United             
          States, 423 U.S. 161, 174 (1976); Schiff v. United States, 919              
          F.2d 830, 832-833 (2d Cir. 1990); Roat v. Commissioner, 847 F.2d            
          1379, 1381 (9th Cir. 1988).  Finally, petitioners’ contention               
          that the Commissioner must file a substitute for return under               
          section 6020(b) before determining a deficiency is also                     
          frivolous.  Schiff v. United States, supra; Roat v. Commissioner,           
          supra.                                                                      

               4(...continued)                                                        
          1040, U.S. Individual Income Tax Return, qualifies as a sec.                
          6020(b) return if it contains a taxpayer’s name, address, Social            
          Security number, filing status, and information sufficient to               
          compute the taxpayer’s tax liability, and if it is signed by an             
          authorized employee of the IRS.  Cabirac v. Commissioner, 120               
          T.C. 163, 171-172 (2003); Millsap v. Commissioner, 91 T.C. 926              
          (1988).                                                                     






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