- 4 - under section 6651(a)(1) and failure to pay estimated tax under section 6654. OPINION A. Whether Respondent’s Determination of Petitioner’s Deficiencies in Income Tax for 2000 and 2001 Is Valid Petitioner contends that respondent prepared only “dummy returns”1 for 2000 and 2001, and that respondent’s determination of his deficiencies in income tax for 2000 and 2001 is invalid because respondent did not prepare for each year a substitute return that qualified under section 6020(b).2 We disagree. Petitioner’s contention that the Commissioner must file a substitute for return under section 6020(b) before determining a 1 A “dummy return” is generated to open an account for the taxpayer on the master file and normally consists of a first page of a Form 1040, U.S. Individual Income Tax Return, which contains a taxpayer's name, address, and Social Security number. Internal Revenue Manual, Chief Counsel Directives Manual-Tax Litigation, sec. 35.4.27.2 (Nov. 16, 1999); see Spurlock v. Commissioner, T.C. Memo. 2003-124 n.18. 2 Sec. 6020(b) provides: SEC. 6020(b). Execution of Return by Secretary.-- (1) Authority of Secretary to execute return.--If any person fails to make any return required by any internal revenue law or regulation made thereunder at the time prescribed therefor, or makes, willfully or 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011