Dummy Returns or A Dummy?

Sometimes one must only look in the mirror to see who is the bozo. Yesterday, a taxpayer who didn’t file claimed that the IRS “…prepared only “dummy returns” for 2000 and 2001, and that respondent’s determination of his deficiencies in income tax for 2000 and 2001 is invalid because respondent did not prepare for each year a substitute return that qualified under section 6020(b).” As the Tax Court noted, “Where a taxpayer files no return, [the IRS] may determine the deficiency as if a return had been filed on which the taxpayer reported the amount of tax due was zero; the deficiency is the amount of tax due. Laing v. United States, 423 U.S. 161, 174 (1976); Schiff v. United States, supra; Roat v. Commissioner, supra.”

The petitioner also lost on his contention that he can use statistical information on his industry for deductions (you must keep records of your expenses). And he received failure to file penalties.

Case: Stewart v. Commissioner (T.C. Memo 2005-112)

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