Harold A. Lange - Page 8

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                                       OPINION                                        
          I.   Burden of proof                                                        
               Petitioner has neither claimed nor shown entitlement to a              
          shift in the burden of proof to respondent with regard to any               
          factual issue pursuant to section 7491(a).  Accordingly,                    
          petitioner bears the burden of proof and production with respect            
          to all issues in this case, except as provided in section                   
          7491(c).  See Rule 142(a).                                                  
          II.  Validity of the 2000 Form 1040 and Section 6651(a) Addition            
               Respondent argues that the 2000 Form 1040 does not                     
          constitute a valid return and that petitioner is therefore liable           
          under section 6651(a) for an addition to tax for failure to file.           
               Section 6011(a) requires taxpayers to file returns in                  
          accordance with the forms and regulations prescribed by the                 
          Secretary.  See sec. 1.6011-1(a), Income Tax Regs.  In addition,            
          taxpayers are required to verify by written declaration that                
          their submitted returns have been made under penalties of                   
          perjury.  Sec. 6065; see also sec. 1.6065-1(a), Income Tax Regs.            
          A taxpayer satisfies this requirement by signing the preprinted             
          jurat contained on the Form 1040, see Sloan v. Commissioner, 102            
          T.C. 137, 146-147 (1994), affd. 53 F.3d 799 (7th Cir. 1995),                
          which is a declaration under penalties of perjury that the return           
          is "true, correct, and complete".                                           







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