- 27 - 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).Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: November 10, 2007