Richard M. Downing - Page 29




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          Secretary as to which returns * * * are made under this title.”             
          Respondent cites, and we have discovered, no authority to suggest           
          that the unsigned copy of petitioner’s 1995 married filing                  
          separate return should be considered a valid return for purposes            
          of section 6201(a).  Cf. sec. 6065 (generally requiring any                 
          return to contain or be verified by a written declaration that it           
          is made under penalties of perjury); Dixon v. Commissioner, 28              
          T.C. 338, 348 (1957) (“The respondent does not cite any decision            
          where * * * it was held that an unsigned and otherwise unverified           
          duplicate copy of a purported income tax return was held to be              
          the return required by statute and was to be given effect as                
          such”).  An unsigned return “is no return at all.”  Vaira v.                
          Commissioner, 52 T.C. 986, 1005 (1969), affd. on this issue,                
          revd. and remanded on other grounds 444 F.2d 770 (3d Cir. 1971);            
          see Borgeson v. United States, 757 F.2d 1071 (10th Cir. 1985).  A           
          signature on a letter attached to the return cannot be considered           
          an imputed signature on the return itself.  Richardson v.                   
          Commissioner, 72 T.C. 818, 824 (1980).  Moreover, even if we were           
          to assume, arguendo, that the IRS accepted petitioner’s unsigned            
          copy of the 1995 married filing separate return and processed it,           
          such acceptance would not cure an invalid return.  See Olpin v.             
          Commissioner, 270 F.3d at 1301; Dixon v. Commissioner, supra at             
          347.                                                                        









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