Chay R. Stewart - Page 4

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          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.                                 




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