- 5 - 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).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011