Randal W. Howard - Page 15

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          petitioner did not file tax returns for the years in issue is               
          wholly misguided.  In particular, at docket No. 27411-88, the               
          Court entered a decision sustaining respondent's determination              
          that petitioner was liable for the addition to tax under section            
          6651(a)(1) (failure to file a tax return) for 1983.  In                     
          conjunction with the Court’s decision at docket No. 27411-88, we            
          observe that petitioner's Form 4340 for 1983 reflects that the              
          notice of deficiency that respondent issued to petitioner for               
          that year was predicated upon respondent’s preparation of a                 
          substitute for return.  We have held that a substitute for return           
          does not constitute a return of the taxpayer for purposes of 11             
          U.S.C. sec. 523(a)(1)(B).  See Swanson v. Commissioner, supra at            
          123-124.                                                                    
               In addition, at docket No. 18627-97, the Court entered a               
          decision sustaining respondent's determination that petitioner              
          was liable for additions to tax under section 6651(a)(1) (failure           
          to file a tax return) for the taxable years 1993, 1994, and 1995.           
          Specifically, we held that (1) the tax return that petitioner               
          submitted to respondent for 1993 was invalid, and (2) petitioner            
          failed to submit to respondent a tax return for 1994 or 1995.               
          Howard v. Commissioner, T.C. Memo. 2000-222.  Our decisions at              
          docket Nos. 27411-88 and 18627-97 are final and may not be                  
          challenged in this proceeding.  Sec. 7481(a).                               







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