Glenda M. Wipperfurth - Page 5




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          purported return for 2001 is unsigned, and the purported return             
          for 2002 contains only zeros in the entries for income.  Neither            
          constitutes a return for purposes of section 6651(a)(1).  See               
          United States v. Moore, 627 F.2d 830, 835 (7th Cir. 1980);                  
          Cabirac v. Commissioner, 120 T.C. 163, 168-170 (2003); Thompson             
          v. Commissioner, 78 T.C. 558, 562-563 (1982); Vaira v.                      
          Commissioner, 52 T.C. 986, 1004-1005 (1969), revd. on other                 
          grounds 444 F.2d 770 (3d Cir. 1971).                                        
               We conclude that petitioner did not file returns in 2001 or            
          2002 for purposes of section 6651(a)(1).  As petitioner has                 
          produced no evidence that she had reasonable cause for her                  
          failure to file, we sustain respondent’s determination that                 
          petitioner is liable for additions to tax under section                     
          6651(a)(1) for 2001 and 2002.                                               
          Section 6673 Penalty                                                        
               Respondent has moved for a penalty under section 6673(a)(1).           
          Whenever it appears to the Court that proceedings have been                 
          instituted or maintained primarily for delay or the taxpayer’s              
          position in such proceedings is frivolous or groundless, the                
          Court may require the taxpayer to pay a penalty not in excess of            
          $25,000.  Sec. 6673(a)(1).                                                  

               1(...continued)                                                        
          Individual Income Tax Return, followed by a partially filled out            
          Form 1040, U.S. Individual Income Tax Return.  Thus, on its face            
          each document appears to be a request for an extension rather               
          than a return.                                                              






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