- 9 - (2003); Millsap v. Commissioner, 91 T.C. 926, 936 (1988); see also United States v. Updegrave, 80 AFTR 2d 97-5290, 97-1 USTC par. 50,465 (E.D. Pa. 1997). IRM provisions not cited by petitioners state that respondent may prepare substitutes for Forms 1040 under section 6020(b). See, e.g., IRM, pt. 3.0.273.40.3(6) (Jan. 1, 2005), pt. 5.1.15.2 (July 30, 1999). We conclude that respondent may prepare substitutes for petitioners’ individual income tax returns for the years in issue,4 and that this Court has jurisdiction to review respondent’s determination to proceed with collection. C. Whether Petitioners Are Collaterally Estopped From Contending That Irregularities Exist in Assessment of Their Tax Liabilities for 1993-96 We held in Nicklaus v. Commissioner, 117 T.C. at 121, that respondent had properly assessed petitioners’ tax liabilities for 1993-96 and that those liabilities remain unpaid. Respondent contends that collateral estoppel precludes petitioners from 3(...continued) otherwise, a false or fraudulent return, the Secretary shall make such return from his own knowledge and from such information as he can obtain through testimony or otherwise. (2) Status of returns.--Any return so made and subscribed by the Secretary shall be prima facie good and sufficient for all legal purposes. 4 Respondent does not contend and we need not decide whether the returns prepared by respondent in this case meet the requirements of sec. 6020(b) in all respects.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011