Billy Hyler and Bonita M. Hyler - Page 6

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               The facts in this case are indistinguishable from the facts            
          presented in Wilkins v. Commissioner, supra.  Like petitioners,             
          the taxpayers in Wilkins v. Commissioner, supra, claimed tax                
          credits on Form 2439 for slavery reparations.  We held that the             
          Internal Revenue Code “does not provide a tax deduction, credit,            
          or other allowance for slavery reparations”, and granted the                
          Commissioner’s motion for summary judgment.  Id. at 112-113.                
               Petitioners’ assertion that respondent should pursue their             
          tax return preparer is misplaced.  As previously observed,                  
          petitioners' tax return was not signed by a tax return preparer.            
          In any event, although Congress has provided the Commissioner               
          with remedies that may be enforced against dishonest tax return             
          preparers, see secs. 6694, 6695, 7407, there is no provision in             
          law that would relieve petitioners of their personal liability              
          for the tax deficiency that respondent determined in this case.4            
               Finally, petitioners’ argument that the period of                      
          limitations bars assessment is simply incorrect.  Section 6501(a)           
          provides that Federal income taxes generally must be assessed               
          within 3 years after a tax return is filed.  Section 6501(b)(1)             
          provides that a tax return that is filed early, i.e., before the            
          last day prescribed by law for filing such return, shall be                 


               4  Of course, a taxpayer may assert that he or she                     
          reasonably relied on a tax return preparer as a defense to                  
          certain additions to tax and/or penalties.  However, respondent             
          did not determine that petitioners are liable for any addition to           
          tax or penalty in this case.                                                





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