- 19 - 1998, 1999, 2001, and 2002, petitioner is still liable for the addition to tax under * * * [section 6651(a)(1)] for failure to timely file his tax returns for those years.” In making that argument, respondent apparently ignores the extensions for time to file that are reflected in his own Certificate of Official Record (Literal Transcript) for each year. Taking those extensions into account, it appears that only the 1999 Form 1040 was submitted to the IRS after the expiration of the extension period, and that that Form 1040, based upon the August 17, 2001, signature date, was delinquent by more than 1 year.10 Petitioner argues that his “failure to file * * * was never proved under the law * * * [and that] therefore the penalty does not apply.” 2. Requirement To File a Valid Return; Petitioner’s Filing Status Recently, in Lange v. Commissioner, T.C. Memo. 2005-176, we described the requirements for making a valid return: 10 That the 1999 Form 1040 was submitted more than a year after the Aug. 15, 2000, extended due date (so that petitioner is subject to the maximum 25-percent addition to tax under sec. 6651(a)(1)) is indicated by both the Aug. 17, 2001, signature date and respondent’s letter to petitioner describing the 1999 Form 1040 as a “frivolous” return, which was dated Nov. 13, 2001. Although that evidence is sufficient to support such a finding and the resulting conclusion that petitioner is subject to the maximum 25-percent penalty for 1999, for reasons discussed infra, we are able to reach the same conclusion on the ground that petitioner’s handwritten and typed additions and his protest attached to the 1999 Form 1040 justify respondent’s treating it as an invalid return.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: November 10, 2007