- 12 - Code requires the IRS to prepare, or to assist in the preparation of, a tax return for any taxpayer. See United States v. Barnett, 945 F.2d 1296, 1300 (5th Cir. 1991). We reject petitioner’s argument that the IRS had a legal duty to prepare, or to assist him in preparing, a tax return for his taxable year 2000 (or any other taxable year). Although not altogether clear, petitioner also appears to argue that the IRS violated his equal protection rights under the Constitution because it treated him differently from certain other taxpayers. In this regard, we have found that petitioner was unable to prepare himself Form 1040 for his taxable year 2000 because of the complexity of claiming a business loss to which he believed he was entitled and the lack of records to substantiate any such loss.10 We have also found that although petitioner received general assistance from the IRS on how to navigate the processes relating to the preparation and the filing of tax returns, he did not receive any assistance on how to complete any tax return. As we understand petitioner’s equal protection argument, in contrast to how the IRS treated petitioner, the IRS helped certain other taxpayers to prepare their respective tax returns. Petitioner does not specify who such other taxpayers were. 10We have also found that petitioner was able to prepare Form 1040EZ. However, petitioner was ineligible to use Form 1040EZ for his taxable year 2000. See supra note 6.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011