Gary Don Erwin - Page 7

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          time.  United States v. Boyle, 469 U.S. 241 (1985); sec.                    
          301.6651-1(c)(1), Proced. & Admin. Regs.                                    
               Petitioner testified that he did not file his Federal income           
          tax return on its original due date because he was awaiting                 
          respondent’s determination of his employment status and                     
          thereafter, because Compliance did not provide him with a Form W-           
          2, nor did it report his wages to respondent.                               
               Petitioner’s reasoning as to why he did not file his 2001              
          return is misguided and without merit.  Petitioner did not                  
          contest that he received gross income for 2001 of $17,588, nor              
          did he dispute his obligation to pay tax on this income and file            
          a return.  Further, he did not challenge that his employer                  
          withheld no Federal income tax from his compensation for 2001.              
          Secs. 63(a), 6001.  Therefore, petitioner’s employment status had           
          no bearing on his obligation under law to file a Federal income             
          tax return.  Moreover, if we were to believe petitioner’s claim             
          that he timely filed a request for an extension to file, his                
          return would have been due on October 15, 2002.  Since                      
          respondent’s determination letter was received on May 10, 2002,             
          petitioner would have had sufficient time to file a return for              
          2001.                                                                       
               Petitioner next claimed that he did not file his return                
          after receiving respondent’s determination letter because                   
          Compliance did not file a Form W-2 as requested by respondent.              






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