- 14 - for section 7203 purposes); United States v. Smith, 618 F.2d 280, 281 (5th Cir. 1980) (the Court of Appeals for the Eleventh Circuit, in Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981), adopted as precedent the decisions of the former Court of Appeals for the Fifth Circuit).5 Additionally, petitioner’s attachment of information returns to his Form 1040 does not make his otherwise invalid return valid. Kartrude v. Commissioner, supra at 1384; Reiff v. Commissioner, 77 T.C. at 1177-1178; Halcott v. Commissioner, T.C. Memo. 2004-214; Cumming v. Commissioner, T.C. Memo. 1992-329. Petitioner’s Form 1040 contained zero entries for every line regarding his 1999 income. Petitioner attached to his Form 1040 documents containing tax-protester rhetoric and third-party information returns. Given these facts, petitioner’s Form 1040, with attachments, was not a valid return. Petitioner also did not argue, nor do we find, that his failure to file was due to reasonable cause. Consequently, we hold that petitioner is liable for an addition to tax under section 6651(a)(1). 5 Taylor v. United States, 87 AFTR 2d 2001-2518, 2001-2 USTC par. 50,479 (D.C. Cir. 2001); United States v. Mosel, 738 F.2d 157 (6th Cir. 1984); United States v. Grabinski, 727 F.2d 681 (8th Cir. 1984); United States v. Rickman, 638 F.2d 182 (10th Cir. 1980); United States v. Moore, 627 F.2d 830 (7th Cir. 1980); United States v. Edelson, 604 F.2d 232, 234 (3d Cir. 1979); Cabirac v. Commissioner, 120 T.C. 163, 168-169 (2003). The sole case that stands for the idea that a zero return is a valid return is United States v. Long, 618 F.2d 74, 75 (9th Cir. 1980).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011