Harold A. Lange - Page 10

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          that the return is true, correct, and complete.  For example, the           
          mere addition near the jurat of the words "under protest" will              
          not invalidate the return.  See McCormick v. Peterson, 73 AFTR 2d           
          94-597, 94-1 USTC par. 50,026 (E.D.N.Y. 1993); see also Todd v.             
          United States, 849 F.2d 365, 367 (9th Cir. 1988) (addition of               
          words "signed involuntarily under penalty of statutory                      
          punishment" below the jurat did not invalidate return).  However,           
          where the purported return refers to and includes an accompanying           
          statement that disclaims liability for the tax reported on the              
          return or appears to contradict the declarations in the jurat,              
          the return is invalid, as the accompanying statement vitiates the           
          jurat.  Williams v. Commissioner, 114 T.C. 136 (2000); Sloan v.             
          Commissioner, supra.  Doubts regarding whether the accompanying             
          statement has qualified the jurat so as to invalidate the return            
          are resolved in the Commissioner's favor.  Sloan v. Commissioner,           
          53 F.3d 799, 800 (7th Cir. 1995), affg. 102 T.C. 137.                       
               For example, in Sloan, the purported returns contained the             
          following statement after the preprinted jurat, immediately above           
          the taxpayer's signature, "Denial and Disclaimer attached as part           
          of this Form".  Attached to the purported returns was the                   
          following statement:                                                        
               "I submit this 'Denial and Disclaimer' as an attachment                
               to the IRS Form 1040 for the year stated above.  I deny                
               that I am liable or made liable for any '1040 income                   
               tax' for the above stated year. * * *  My signature on                 
               the form is not an admission of jurisdiction or                        
               submission to subject status. I 'disclaim liability'                   





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