Charles Raymond Wheeler - Page 15

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               internal revenue law or regulation made thereunder at                  
               the time prescribed therefor, or makes, willfully or                   
               otherwise, a false or fraudulent return, the Secretary                 
               shall make such return from his own knowledge and from                 
               such information as he can obtain through testimony or                 
               otherwise.                                                             
                    (2)  Status of returns.--Any return so made and                   
               subscribed by the Secretary shall be prima facie good                  
               and sufficient for all legal purposes.                                 
               We have addressed on several occasions what constitutes a              
          section 6020(b) return.  In Phillips v. Commissioner, 86 T.C.               
          433, 437-438 (1986), affd. in part and revd. in part on another             
          issue 851 F.2d 1492 (D.C. Cir. 1988), we held that a “dummy                 
          return”, i.e., page 1 of a Form 1040, U.S. Individual Income Tax            
          Return, showing only the taxpayer’s name, address, and Social               
          Security number, was not a section 6020(b) return.  In Millsap v.           
          Commissioner, 91 T.C. 926, 930 (1988), we held that unsubscribed            
          Forms 1040 containing the taxpayer’s name, address, Social                  
          Security number, and filing status but no information regarding             
          income or tax, to which were attached subscribed revenue agent’s            
          reports containing sufficient information from which to compute             
          the taxpayer’s tax liability, were returns under section 6020(b).           
          In Cabirac v. Commissioner, supra at 170-173, we held that                  
          unsubscribed SFRs showing zeros on the relevant lines for                   
          computing a tax liability and no tax liability did not meet the             
          requirements of section 6020(b).  We rejected the Commissioner’s            
          contention that we should evaluate the SFRs filed on February 23,           
          2000, in conjunction with a notice of proposed adjustments dated            





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