Robert S. Brooks - Page 6




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          Return, a revenue agent’s report containing sufficient                      
          information to calculate petitioner’s tax liability, a Form 4549,           
          Income Tax Examination Changes, and a Form 13496, IRC Section               
          6020(b) Certification, signed by respondent’s examination                   
          operations manager combined to yield a substitute return.  An               
          unsubscribed Form 1040 along with the attached revenue agent’s              
          report containing all relevant information also qualified as a              
          substitute return in Millsap v. Commissioner, supra.  Finally, in           
          Conovitz v. Commissioner, T.C. Memo. 1980-22, we held that a Form           
          1040 with the taxpayer’s name, address, and Social Security                 
          number plus a Form 1902-E, Explanation of Adjustments, showing              
          petitioner’s wages, standard deduction, and exemption that was              
          prepared at the same time and in conjunction with the Form 1040             
          was a substitute return.                                                    
               In contrast to the above cases, we have declined to accept             
          other combinations of evidence as substitute returns for section            
          6651(a)(2) purposes.  A record containing a substantially blank             
          and unsubscribed Form 1040 filed February 23, 2000, a notice of             
          proposed adjustments dated May 31, 2000, and a revenue agent’s              
          report attached to the notice, which contained sufficient                   
          information from which to calculate petitioner’s tax liability,             
          nevertheless did not meet the standard in Cabirac v.                        
          Commissioner, supra.  In Spurlock v. Commissioner, T.C. Memo.               
          2003-124, an untranslatable computer printout noting a received             







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