Charles Raymond Wheeler - Page 13

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               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).                                                       





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