Scott A. Lewis - Page 10

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               internal revenue law or regulation made thereunder at                  
               the time prescribed therefor, or makes, willfully or                   
               otherwise, a false or fraudulent return, the Secretary                 
               shall make such return from his own knowledge and from                 
               such information as he can obtain through testimony or                 
               otherwise.                                                             
                    (2)  Status of returns.--Any return so made and                   
               subscribed by the secretary shall be prima facie good                  
               and sufficient for all legal purposes.                                 
               We have on several occasions addressed what constitutes a              
          section 6020(b) return.  See Wheeler v. Commissioner, supra.  In            
          Wheeler, we noted that the Commissioner’s burden of production              
          with respect to the section 6651(a)(2) addition to tax requires             
          that the Commissioner introduce evidence that a return showing              
          the taxpayer’s tax liability was filed for the year in question             
          and that in a case in which the taxpayer did not file a return,             
          the Commissioner must introduce evidence that an SFR satisfying             
          the requirements of section 6020(b) was made.  Wheeler v.                   
          Commissioner, supra; see Cabirac v. Commissioner, supra. Here,              
          respondent did not prove that an SFR meeting the requirements had           
          been made for 2003.  Because the record does not contain evidence           
          that petitioner failed to pay tax shown on a return for 2003, we            
          conclude that respondent has failed to satisfy his burden of                
          production under section 7491(c) with respect to the section                
          6651(a)(2) addition to tax.                                                 
          5.   Addition to Tax Under Section 6654                                     
               Respondent determined that petitioner underpaid his                    
          estimated income tax and is liable for an addition to tax under             





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