- 11 - Petitioner’s argument is flawed in two crucial respects. First, Forms 4549 are not returns, and second, Mr. Champion was authorized to sign an agreement waiving petitioner’s rights to a notice of deficiency. In general, a document filed with the IRS is treated as a return if the document: (1) Contains sufficient data to calculate the tax liability; (2) purports to be a return; (3) represents an honest and reasonable attempt to satisfy the requirements of the tax law; and (4) is executed under penalties of perjury. Beard v. Commissioner, 82 T.C. 766, 777 (1984) (citing Badaracco v. Commissioner, 464 U.S. 386 (1984); Zellerbach Paper Co. v. Helvering, 293 U.S. 172 (1934); and Florsheim Bros. Drygoods Co. v. United States, 280 U.S. 453 (1930)), affd. 793 F.2d 139 (6th Cir. 1986). The Forms 4549 were not returns because, among other reasons, they were not signed under penalty of perjury. The significance of a sworn verification that the document is true and correct is unmistakably clear. Section 6065 specifically requires that a return “shall contain or be verified by a written declaration that it is made under the penalties of perjury.” See also sec. 1.6065-1(a), Income Tax Regs. Even those Forms 1040 submitted to the IRS in which the verification language has been obliterated do not constitute valid returns. Ledbetter v. Commissioner, 837 F.2d 708, 710 (5th Cir. 1988),Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011