Robert S. Brooks - Page 5




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          the $3,122.10 addition to tax under section 6651(a)(1), and we              
          shall grant summary judgment in favor of respondent on this                 
          issue.                                                                      
               We hold that summary judgment is not appropriate regarding             
          the $1,040.70 addition to tax pursuant to section 6651(a)(2) for            
          failure to pay tax shown on a return by the due date for payment.           
          For the section 6651(a)(2) addition to tax to apply, there must             
          be an amount of tax shown on a return.  Cabirac v. Commissioner,            
          120 T.C. 163, 170 (2003).  Even where the taxpayer did not file a           
          valid return, as in this case, a return filed by the Secretary              
          pursuant to section 6020(b) is treated as a return filed by the             
          taxpayer under section 6651(g)(2).  However, we have required               
          that certain elements be present for qualification as a                     
          substitute return under section 6020(b) for section 6651(a)(2)              
          purposes.                                                                   
               To constitute a substitute return within the meaning of                
          section 6020(b), the components held out to be a return need to             
          be subscribed, contain sufficient information from which                    
          petitioner’s tax liabilities can be calculated, and purport to be           
          a return.  See Millsap v. Commissioner, 91 T.C. 926, 930 (1988).            
          We have held that certain combinations of items meet this                   
          standard and have declined to deem others sufficient.                       
               For example, in Hennard v. Commissioner, T.C. Memo. 2005-              
          275, an unsubscribed Form 1040, U.S. Individual Income Tax                  







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