Michael Kevin Boltinghouse - Page 27




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          frivolous arguments that the taxpayer is not liable for Federal             
          income tax, is not considered a valid return because it fails the           
          first and third prongs of the Beard test.  See Cabirac v.                   
          Commissioner, 120 T.C. 163, 169 (2003); Arnett v. Commissioner,             
          T.C. Memo. 2006-134, affd. 99 AFTR 2d 3418, 2007-2 USTC par.                
          50,575 (10th Cir. 2007); Halcott v. Commissioner, T.C. Memo.                
          2004-214.  We have held that the arguments that the petitioner              
          attached to the purported returns are without merit, and the                
          inclusion of similar arguments on a purported return is an                  
          indication that the taxpayer is not making an honest and                    
          reasonable attempt to satisfy the requirements of the tax law.              
          Arnett v. Commissioner, supra; Coulton v. Commissioner, T.C.                
          Memo. 2005-199; Halcott v. Commissioner, supra.  Therefore,                 
          because both the Form 1040A and Form 1040NR that petitioner                 
          submitted contained only zero entries for income and were                   
          accompanied by frivolous arguments, we find that petitioner did             
          not file a valid return.                                                    
               Petitioner’s only explanation for not filing a valid return            
          is his assertion that an IRS agent failed to inform him that his            
          Form 1040A was not valid.  Primary responsibility for filing                
          Federal income tax returns is on the taxpayer, and the absence of           
          an objection from the IRS does not amount to “reasonable cause”             
          for not filing a return under section 6651(a).  See United States           
          v. Boyle, 469 U.S. 241, 251 (1985).                                         







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