- 10 - 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 underPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011