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