- 13 - Respondent introduced evidence showing that petitioner did not file his 2003 income tax return or an application for additional time to file his 2003 return by the original due date of the return. The evidence is sufficient to satisfy respondent’s burden of production under section 7491(c), and we so find. Petitioner offered no evidence at trial regarding any of the adjustments, including the addition to tax under section 6651(a)(1). The only argument petitioner made that could conceivably be addressed to his failure to file a timely return is contained in the petition. There, petitioner contends that he is not liable for any increase in tax because of the Paperwork Reduction Act.12 The Paperwork Reduction Act is not a defense to 12The Paperwork Reduction Act was enacted by Congress as a “comprehensive scheme designed to reduce the federal paperwork burden.” United States v. Dawes, 951 F.2d 1189, 1191 (10th Cir. 1991). Under the act, the Office of Management and Budget (OMB) is given authority to review an agency “collection of information” and to assign a control number to each collection of information it approves. See 44 U.S.C. secs. 3502, 3504, 3507(a) (2000 & Supp. III, 2003); see also United States v. Dawes, supra at 1191. If an agency collection of information does not display a current control number or fails to state that the request is not subject to the act, the act provides that no person shall be subject to any penalty for failure to maintain or provide information pursuant to the collection request. See 44 U.S.C. sec. 3512 (2000). Taxpayers have sometimes argued that, because tax regulations and instructions do not contain control numbers, the act protects taxpayers from failure to file prosecutions and penalties for failure to file tax returns. These arguments consistently have been rejected by the Federal courts that have considered them. See United States v. Dawes, supra at 1191 (and cases cited thereat).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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