§6012 — Persons required to make returns of income
103 cases·26 followed·3 distinguished·74 cited—25% support
Statute Text — 26 U.S.C. §6012
Returns with respect to income taxes under subtitle A shall be made by the following:
Every individual having for the taxable year gross income which equals or exceeds the exemption amount, except that a return shall not be required of an individual—
who is not married (determined by applying section 7703), is not a surviving spouse (as defined in section 2(a)), is not a head of a household (as defined in section 2(b)), and for the taxable year has gross income of less than the sum of the exemption amount plus the basic standard deduction applicable to such an individual,
who is a head of a household (as so defined) and for the taxable year has gross income of less than the sum of the exemption amount plus the basic standard deduction applicable to such an individual,
who is a surviving spouse (as so defined) and for the taxable year has gross income of less than the sum of the exemption amount plus the basic standard deduction applicable to such an individual, or
who is entitled to make a joint return and whose gross income, when combined with the gross income of his spouse, is, for the taxable year, less than the sum of twice the exemption amount plus the basic standard deduction applicable to a joint return, but only if such individual and his spouse, at the close of the taxable year, had the same household as their home.
Clause (iv) shall not apply if for the taxable year such spouse makes a separate return or any other taxpayer is entitled to an exemption for such spouse under section 151(c).
The amount specified in clause (i), (ii), or (iii) of subparagraph (A) shall be increased by the amount of 1 additional standard deduction (within the meaning of section 63(c)(3)) in the case of an individual entitled to such deduction by reason of section 63(f)(1)(A) (relating to individuals age 65 or more), and the amount specified in clause (iv) of subparagraph (A) shall be increased by the amount of the additional standard deduction for each additional standard deduction to which the individual or his spouse is entitled by reason of section 63(f)(1).
The exception under subparagraph (A) shall not apply to any individual—
who is described in section 63(c)(5) and who has—
income (other than earned income) in excess of the sum of the amount in effect under section 63(c)(5)(A) plus the additional standard deduction (if any) to which the individual is entitled, or
total gross income in excess of the standard deduction, or
for whom the standard deduction is zero under section 63(c)(6).
For purposes of this subsection—
The terms “standard deduction”, “basic standard deduction” and “additional standard deduction” have the respective meanings given such terms by section 63(c).
The term “exemption amount” has the meaning given such term by section 151(d). In the case of an individual described in section 151(d)(2), the exemption amount shall be zero.
Every corporation subject to taxation under subtitle A;
Every estate the gross income of which for the taxable year is $600 or more;
Every trust having for the taxable year any taxable income, or having gross income of $600 or over, regardless of the amount of taxable income;
Every estate or trust of which any beneficiary is a nonresident alien;
Every political organization (within the meaning of section 527(e)(1)), and every fund treated under section 527(g) as if it constituted a political organization, which has political organization taxable income (within the meaning of section 527(c)(1)) for the taxable year;
Every homeowners association (within the meaning of section 528(c)(1)) which has homeowners association taxable income (within the meaning of section 528(d)) for the taxable year; and
Every estate of an individual under chapter 7 or 11 of title 11 of the United States Code (relating to bankruptcy) the gross income of which for the taxable year is not less than the sum of the exemption amount plus the basic standard deduction under section 63(c)(2)(C);
except that subject to such conditions, limitations, and exceptions and under such regulations as may be prescribed by the Secretary, nonresident alien individuals subject to the tax imposed by section 871 and foreign corporations subject to the tax imposed by section 881 may be exempted from the requirement of making returns under this section.
If an individual is deceased, the return of such individual required under subsection (a) shall be made by his executor, administrator, or other person charged with the property of such decedent.
If an individual is unable to make a return required under subsection (a), the return of such individual shall be made by a duly authorized agent, his committee, guardian, fiduciary or other person charged with the care of the person or property of such individual. The preceding sentence shall not apply in the case of a receiver appointed by authority of law in possession of only a part of the property of an individual.
In a case where a receiver, trustee in a case under title 11 of the United States Code, or assignee, by order of a court of competent jurisdiction, by operation of law or otherwise, has possession of or holds title to all or substantially all the property or business of a corporation, whether or not such property or business is being operated, such receiver, trustee, or assignee shall make the return of income for such corporation in the same manner and form as corporations are required to make such returns.
Returns of an estate, a trust, or an estate of an individual under chapter 7 or 11 of title 11 of the United States Code shall be made by the fiduciary thereof.
Under such regulations as the Secretary may prescribe, a return made by one of two or more joint fiduciaries shall be sufficient compliance with the requirements of this section. A return made pursuant to this paragraph shall contain a statement that the fiduciary has sufficient knowledge of the affairs of the person for whom the return is made to enable him to make the return, and that the return is, to the best of his knowledge and belief, true and correct.
In the case of a trust which is exempt from taxation under section 408(e), for purposes of this section, the trust’s distributive share of items of gross income and gain of any partnership to which subchapter C or D of chapter 63 applies shall be treated as equal to the trust’s distributive share of the taxable income of such partnership.
For purposes of this section, gross income shall be computed without regard to the exclusion provided for in section 121 (relating to gain from sale of principal residence) and without regard to the exclusion provided for in section 911 (relating to citizens or residents of the United States living abroad).
Every person required to file a return under this section for the taxable year shall include on such return the amount of interest received or accrued during the taxable year which is exempt from the tax imposed by chapter 1.
For provisions relating to consolidated returns by affiliated corporations, see chapter 6.
In the case of a taxable year beginning after
December 31, 2017
, and before
January 1, 2026
, subsection (a)(1) shall not apply, and every individual who has gross income for the taxable year shall be required to make returns with respect to income taxes under subtitle A, except that a return shall not be required of—
an individual who is not married (determined by applying section 7703) and who has gross income for the taxable year which does not exceed the standard deduction applicable to such individual for such taxable year under section 63, or
an individual entitled to make a joint return if—
the gross income of such individual, when combined with the gross income of such individual’s spouse, for the taxable year does not exceed the standard deduction which would be applicable to the taxpayer for such taxable year under section 63 if such individual and such individual’s spouse made a joint return,
such individual and such individual’s spouse have the same household as their home at the close of the taxable year,
such individual’s spouse does not make a separate return, and
neither such individual nor such individual’s spouse is an individual described in section 63(c)(5) who has income (other than earned income) in excess of the amount in effect under section 63(c)(5)(A).
Treasury Regulations
- Treas. Reg. §Treas. Reg. §1.6012-1 Individuals required to make returns of income
- Treas. Reg. §Treas. Reg. §1.6012-1(a) Interest upon so-called tax-free covenant bonds upon which, in accordance with section 1451 and § 1.
- Treas. Reg. §Treas. Reg. §1.6012-1(b) If an individual abandons his U.
- Treas. Reg. §Treas. Reg. §1.6012-1(c) Cross reference.
- Treas. Reg. §Treas. Reg. §1.6012-1(d) Accrued interest received in connection with the sale of bonds between interest dates, which, in accordance with paragraph (h) of § 1.
- Treas. Reg. §Treas. Reg. §1.6012-1(i) Has items of tax preference (described in section 57) in excess of its minimum tax exemption (determined under § 1.
- Treas. Reg. §Treas. Reg. §1.6012-1(v) In the case of a short taxable year referred to in section 443(a)(1), an individual described in subparagraph (1) of this paragraph shall file an income tax return if his gross income received during such short taxable year equals or exceeds his own personal exemption allowed by section 151(b) (prorated as provided in section 443(c)) and, when applicable, his additional exemption for age 65 or more allowed by section 151(c)(1) (prorated as provided in section 443(c)).
- Treas. Reg. §Treas. Reg. §1.6012-2 Corporations required to make returns of income
- Treas. Reg. §Treas. Reg. §1.6012-2(a) §1.6012-2(a)
- Treas. Reg. §Treas. Reg. §1.6012-2(b) Corporations not included.
- Treas. Reg. §Treas. Reg. §1.6012-2(c) Such other information as may be required by the return form or by the instructions issued with respect to the form, to show the taxpayer's entitlement to the reduced rate of tax under the tax convention.
- Treas. Reg. §Treas. Reg. §1.6012-2(d) Affiliated groups.
- Treas. Reg. §Treas. Reg. §1.6012-2(e) Charitable and other organizations with unrelated business income.
- Treas. Reg. §Treas. Reg. §1.6012-2(f) Subchapter T cooperatives—(1) In general.
- Treas. Reg. §Treas. Reg. §1.6012-2(g) Returns by foreign corporations—(1) Requirement of return—(i) In general.
- Treas. Reg. §Treas. Reg. §1.6012-2(h) Electing small business corporations.
- Treas. Reg. §Treas. Reg. §1.6012-2(i) Hospital organizations with noncompliant hospital facilities.
- Treas. Reg. §Treas. Reg. §1.6012-2(j) Items of tax preference—(1) In general.
- Treas. Reg. §Treas. Reg. §1.6012-2(k) Other provisions.
- Treas. Reg. §Treas. Reg. §1.6012-2(l) Applicability date.
- Treas. Reg. §Treas. Reg. §1.6012-3 Returns by fiduciaries
- Treas. Reg. §Treas. Reg. §1.6012-3(a) §1.6012-3(a)
- Treas. Reg. §Treas. Reg. §1.6012-3(b) §1.6012-3(b)
- Treas. Reg. §Treas. Reg. §1.6012-3(c) Joint fiduciaries.
- Treas. Reg. §Treas. Reg. §1.6012-3(d) Other provisions.
103 Citing Cases
Petitioner was required to file a return for 2012 pursuant to section 6012, and he stipulated that he did not do so.
Respondent continues that section 6012 requires that a return "shall be made by" every individual having gross income which equals or exceeds the exemption amount.
In general, section 6012 provides that returns with respect to income tax shall be made by every individual having, for the taxable year, gross income which - 4 - [*4] equals or exceeds the exemption amount for that year plus the standard deduction.
Blair was required to file a return for 2010 pursuant to section 6012, and he stipulated that he did not do so.
Section 6012 requires every individual who has gross income over a certain amount to file an income tax return.
Requirement To File a Return for 2009 Section 6012 requires every individual who has gross income over a certain amount to file an income tax return.
Section 6012 requires every individual who has gross income over a certain amount to file an income tax return.
Respondent contends that petitioner did not satisfy all ofthe requirements of section 932(c)(4), and hence he was required to file Federal tax returns pursuant to section 6012(a)(1)(A) for each ofthe years at issue." For purposes ofdeciding petitioner's motion, applying the principle that any inference to be drawn must be viewed in a light most favorable to the nonmoving party, Espinoza v.
Section 6012 requires the filing of an income tax return by all individuals receiving gross income in excess of certain minimums .
In the case of returns filed pursuant to section 6012, calendar year returns 1 - 8 - "shall be filed on or before the 15th day of April following the close of the calendar year" .
Petitioner’s obligation to file a return is based on section 6012, not on some secondary publication.
Requirement To File a Return for 2009 Section 6012 requires every individual who has gross income over a certain amount to file an income tax return.
But respondent asserts on brief that the “instructions do not explicitly take into account the Service’s position with regard to those individuals who claim to be, but are not, exempt from their federal income tax filing obligation under section 6012 because they do [sic] meet all of the requirements of section 932(c)(2).” Moreover, respondent’s brief states that when the Form 1040 instructions are read together with IRS Publication 570, “respondent’s instructions clearly lead to the conclusion
RS lacks authorityto prepare substitutes for returns and, without a return, there is no basis for an income tax deficiency. Alternatively, petitioner claims that the substitutes for returns are defective and do not constitute returns for purposes ofsection 6012. The first issue for decision is whetherpetitioner is liable for the deficiencies for the tax years at issue. The taxpayer generallybears the burden ofproving that the Commissioner's determinations in a notice ofdeficiency are incorrect.
tax return ., Sec . 6012 (a) (1) (A) .5 'Petitioners had gross income well in excess of the exemption amount and were required ,to, timely file a Federal-income tax return . SPetitioners fail. to meet'the criteria for any of the exceptions listed-in sec. 6012 .' - 12 - Therefore, there was no reasonable cause for petitioners' failure to timely file their 2005 Federal income tax return, and . they are liable for an addition to tax under, section 6651(a)(1), . .: Accuracy-Related~PenaltyUnder 6662
Moreover, petitioner has failed to show that the Individual Master File records on which he relies - 16 - are related to his 2005 taxable year." Accordingly, we conclude petitioner has failed to prove that he was not required to file a return for 2005. 2. Validity of a Return in General Generally, pursuant to section 6011(a) taxpayers m
Because petitioner did not satisfy any of the exceptions, she was required to file an income tax return under section 6012,(a)(1) in that~her gross income of $9,351 exceeded $3,000 .
Second, petitioner argues that he had reasonable cause for his failure to file a return for his taxable year 2004 because he was not required to file such a return since his gross income for that year did not exceed,the required threshold amount under section 6012 (a) (1) (A) (i) for filing a return .9 Petitioner's argument is based on his position that the 2004 commissions are not includible as nonemployee compensation in his gross income for his taxable year 2004 .
Section 6012 provides that an individual with a filing status of single must file an income tax return for any taxable year in which his "gross income" exceeds the sum of the section 151(d)(1) exemption amount and the section 63(c)(2) basic standard deduction for such individual. Sec. 6012(a)(1)(A)(i). The sum of these amounts for petitioner's 1992
Neither of the Forms 1040 petitioner provided respondent for 1979 were returns because they either did not contain sufficient information to compute petitioner's tax liability or were not signed under penalties of perjury. See sec. 6065; Cupp v. Commissioner, 65 T.C. 68, 78-79 (1975), affd. without published opinion 559 F.2d 1207 (3d Cir
8, 2024); see also § 6072(a) (providing that a person required to make a return of income under section 6012 shall file such return on or before April 15).
This is sufficient to satisfy respondent’s burden of production. See Wheeler v. Commissioner, 127 T.C. 200, 207–08 (2006), aff’d, 521 F.3d 1289 (10th Cir. 2008). Petitioner testified that he had “no valid excuse” for not having filed except for ignorance of the requirement to file while incarcerated. Petitioner had knowledge of a general du
10, 2022).27 27 See § 6072(a) (providing that a person required to make a return of income under section 6012 shall file such return on April 15); § 7503 (providing that under the Code, where the day prescribed to perform an act falls on a legal holiday in the District 32 [*32] For the years before she received a judgment of dissolution, Ms.
IRS in quite a roundabout way--ifthey meet the requirements ofsection 932(c)(4), their income is exempt from U.S. taxation. M Appleton, 140 T.C. at 281. With all income exempt, a taxpayer doesn't have a filing obligation in the United States under section 6012. ¹4 The current version ofsection 932(c)(4)(A) says "a bona fide resident of (continued...) - 21 - (cid:16)042 reports all income and its sources on the VI tax return; and (cid:16)042 fully pays the tax liability shown on the VI return. I
IRS in quite a roundabout way--ifthey meet the requirements ofsection 932(c)(4), their income is exempt from U.S. taxation. M Appleton, 140 T.C. at 281. With all income exempt, a taxpayer doesn't have a filing obligation in the United States under section 6012. ¹4 The current version ofsection 932(c)(4)(A) says "a bona fide resident of (continued...) - 21 - (cid:16)042 reports all income and its sources on the VI tax return; and (cid:16)042 fully pays the tax liability shown on the VI return. I
IRS in quite a roundabout way--ifthey meet the requirements ofsection 932(c)(4), their income is exempt from U.S. taxation. M Appleton, 140 T.C. at 281. With all income exempt, a taxpayer doesn't have a filing obligation in the United States under section 6012. ¹4 The current version ofsection 932(c)(4)(A) says "a bona fide resident of (continued...) - 21 - (cid:16)042 reports all income and its sources on the VI tax return; and (cid:16)042 fully pays the tax liability shown on the VI return. I
IRS in quite a roundabout way--ifthey meet the requirements ofsection 932(c)(4), their income is exempt from U.S. taxation. M Appleton, 140 T.C. at 281. With all income exempt, a taxpayer doesn't have a filing obligation in the United States under section 6012. ¹4 The current version ofsection 932(c)(4)(A) says "a bona fide resident of (continued...) - 21 - (cid:16)042 reports all income and its sources on the VI tax return; and (cid:16)042 fully pays the tax liability shown on the VI return. I
For example, prepayment credits will have a "posted date" of the return due date, even ifthe actual payments were received by the IRS before the due date ofthe return because prepayments ofincome tax are considered paid "on the last day prescribed for filing the return under section 6012 for such taxable year.
Evans had wage income of$388,333. This amount alone exceeds the sum ofthe personal-exemption deduction and the standard deduction for 2009.27 Evans did not testify, nor does the record otherwise indicate, that he sought advice in determining whether he was required to file a return for 2009. 27Taking into account the personal exemption d
mileage claimed by petitioner for travel between her residence and the RE/MAX office is nondeductible commuting mileage. See Commissionerv. Flowers, 326 U.S. 465, 473-474 (1946); Curphey v. Commissioner, 73 T.C. 766, 777 (1980). - 14 - [*14] for in section 6012. Respondent argues that petitioner was required to file an income tax return for tax year 2010. The Code imposes a Federal tax on the taxable income ofevery individual. Sec. 1. Gross income for the purpose ofcalculating taxable income is
Failure To File Section 6012 generally requires the filing of an income tax return by all individuals_receivinggross income in excess of.
Under section 6513(b)(2), "Any amount paid as estimated income tax for any taxable year shall be deemed to have been paid on the last day prescribed for filing the return under section 6012 for such taxable year (determined without regard to any extension of time for filing such return) ." The last day prescribed for filing a Federal income tax return under section 6012 for .2004 was Friday, April 15, 2005 .
Failure To File Section 6012 generally requires the filing of an income tax return by all individuals_receivinggross income in excess of.
epreciation . In a letter to respondent dated September 18, 2004, petitioner .. made the frivolous assertion .that he did not realize gain on the sale of his labor and thus had-no income and was not required to file a Federal income tax return under section 6012 . On July 22, 2005, petitioner submitted to respondent a Form 1040, U .S . Individual . Income Tax Return, for his 2002 taxable year and attached what purports to be a corrected Form 1099-MISC, Miscellaneous Income, for 2002 . The "corre
epreciation . In a letter to respondent dated September 18, 2004, petitioner .. made the frivolous assertion .that he did not realize gain on the sale of his labor and thus had-no income and was not required to file a Federal income tax return under section 6012 . On July 22, 2005, petitioner submitted to respondent a Form 1040, U .S . Individual . Income Tax Return, for his 2002 taxable year and attached what purports to be a corrected Form 1099-MISC, Miscellaneous Income, for 2002 . The "corre
256, that a taxpayer otherwise eligible to claim a dependency exemption deduction for an unrelated child is not prohibited by section 152(d)(1)(D) from claiming the deduction if the child's parent (or other person with respect to whom the child is defined as a qualifying child) is not required by section 6012 to file an income tax return and does not file an income tax return or files an income tax return solely to obtain a refund of withheld income - 9 - taxes .
ced . & Admin . Regs .) . The parties stipulated that petitioners did not timely file their 1997 or 1999 Federal income tax return . Furthermore, it is undisputed that petitioners had an obligation to file income tax returns for 1997 and 1999 under section 6012 . Therefore, respondent has satisfied the initial burden of producing evidence to show that the addition to tax is appropriate . Petitioners assert three reasons they had reasonable cause for failing to file their tax returns on time : (1
Petitioners admitted that they did not file returns for any of their years in issue. Therefore, respondent has met his burden of production. under section 7491(c). Petitioners have offered no evidence of reasonable cause for their failure to file. Accordingly, we sustain respondent's - 10 - determination that petitioners are liable for
Petitioner has offered no evidence of reasonable cause or any other basis on which she would not be liable for the section 6651(a)(1) addition to tax. See Higbee v. Commissioner, supra. Respondent has also met his burden of production with respect to the section 6654 addition to tax for failure to pay estimated taxes. Petitioner's income
Accordingly, we conclude that respondent met his burden of production under section 7491(c). Petitioner contends that she filed returns for 2001 and 2002 and offered into evidence what she claimed were copies of the returns filed. Even if we accepted petitioner's somewhat dubious claim of having filed these documents with the intent that
6 . The C mmissioner made a determination pursuant to 26 U .S .C . § 6020(b) . 7 . The revious Examination/Audit was predicated on an unsigned, unverified, "blank" Form 1040, similar to IRM Exhibit 5 .18 .1-60, "Dummy" Form 1040 . 8 . Such "null sum" document violates 26 U .S .C . §§ 6061 & 6065 and is insufficient for legal pur
Petitioners admitted that they did not file returns for any of their years in issue. Therefore, respondent has met his burden of production under section 7491(c). Petitioners have offered no evidence of reasonable cause for their failure to file. Accordingly, we sustain respondent’s - 10 - determination that petitioners are liable for a
s in the United States at any time during the taxable year or * * * has income which is subject to taxation under subtitle A of the Code (relating to income taxes)”. Section 6072 sets the time for the filing of Federal income tax returns required by section 6012. A corporation generally must file its return by the 15th day of the third month following the close of its taxable year. See sec. 6072(b); see also sec. 1.6072-2(a), Income Tax Regs. An exception to this rule is found in the case of a f
Section 6012 of the Code provides that a federal income tax return shall be made by every individual whose gross income equals or exceeds certain amounts. "Shall" as used in Sections 6001,. 6011 and 6012 means "must"; "must" means to be required to. Who is required by the Code to file a return is explained in the instructions for Form 1040 under th
s in the United States at any time during the taxable year or * * * has income which is subject to taxation under subtitle A of the Code (relating to income taxes)”. Section 6072 sets the time for the filing of Federal income tax returns required by section 6012. A corporation generally must file its return by the 15th day of the 3d month following the close of its taxable year. See sec. 6072(b); see also sec. 1.6072-2(a), Income Tax Regs. An exception to this rule is found in the case of a fore
Petitioner filed his 1998 Federal income tax return almost 5 years late. When asked at trial why he did not file timely, petitioner responded: “I made an error. Let’s put it that way * * * I did not get the paperwork to * * * [the tax preparer] on time, and I, during that part of, during that year, some things were going on and I just ma
Petitioners filed their 2000 Federal income tax return late, on June 7, 2001. When asked at trial why he did not file timely, Mr. Booker claimed he had filed for an extension; however, he had no evidence substantiating his claim. Due to the lack of any written evidence of an extension, the Court holds petitioners are liable for the secti
Petitioner filed his 1998 Federal income tax return untimely, on April 1, 2002.7 Due to the lack of testimony or other evidence explaining why he waited almost 3 years to file his 1998 tax return, the Court holds that petitioner is liable for the section 6651(a)(1) addition to tax for 2000. 7Petitioner also filed his 1999 and 2000 Federa
For 2000, petitioner’s gross income exceeded the applicable section 6012 minimum for filing a return.1 The cases 1 During 2000, petitioner received ordinary dividends and capital gains in the amounts of $13,572 and $11,378, respectively.
Discussion Under section 6012, taxpayers, including nonresident U.S.
Petitioner offered no other excuse for not filing timely returns for the years at issue other than the blanket statement that she did not earn taxable income and, therefore, was not required to file returns. Petitioner earned taxable income during 1998, 1999, 2000, and 2001 and should have filed a timely income tax return for each of the
to his employment by Uptime Nutrition and $2,178 of income with respect to unemploy- ment compensation from the Minnesota Department of Economic Security. Based on petitioner’s concessions alone, he was required to file a tax return for 1996.19 See sec. 6012. On the record before us, we find that petitioner has failed to carry his burden of showing that he is not liable for an addition to tax under section 6651(a)(1) for 1996. We have considered all of the contentions and arguments of petitione
Section 6011(a) provides that any person liable “for any tax imposed by this title * * * shall make a return or statement according to the forms and regulations prescribed by the Secretary.” Section 6012, entitled “Persons Required To Make Returns Of Income”, provides that an individual possessing gross income for a taxable year in excess of a specified amount shall file a tax return.
163, 168-170 (continued...) - 37 - section 6653(a),3 section 6662,4 section 6013,5 section 6033,6 section 6651(f),7 section 6511,8 section 6011,9 section 6012,10 section 6072,11 and former section 6661,12 among others.
* * * * * * * And Code Section 6012 does not even contain the word “liability”, “liable”, or “self-assessment”; therefore, this section can have nothing to do with making me “liable” for income taxes or putting me on notice that I required [sic] to “self-assess” myself.
We apply this test to “returns” for purposes of section 6501, section 6651(a)(1), section 6653(a), section 6662, section 6013, section 6033, section 6651(f), section 6511, section 6011, section 6012, section 6072, and former section 6661, among others.
He failed to do so and offered no satisfactory explanation. Nor has he presented any evidence to prove that his failure to file was due to reasonable cause and not willful neglect. We therefore sustain respondent’s determination with respect to the section 6651(a)(1) addition to tax for petitioner’s failure to timely file a return for 19
orporations].” Lardas v. Commissioner, 99 T.C. 490, 493 (1992). In any event, it is doubtful 10 The holding in Bufferd v. Commissioner, 506 U.S. 523 (1993), also resolved any question about whether the use of the term “return” in sec. 6037(a) and/or sec. 6012 results in the application of the assessment period at the entity level with respect to S corporations. - 16 - that petitioner’s conclusion follows from his premise, for the taxation of C corporations and their stockholders is so markedly d
- 6 - Generally, respondent’s determinations are presumed correct, and taxpayers have the burden of proving that respondent’s determinations are erroneous. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Generally, bank deposits are treated as prima facie evidence of taxable income. See Woodall v. Commissioner, 964 F.2d 3
1.6012-1(a)(1)(i), Income Tax Regs. If the nonresident citizen pays income tax to foreign jurisdictions, that citizen is entitled to claim a foreign tax credit. See secs. 27(a), 901. Petitioner received U.S.-source income, in the form of dividends and interest, and German-source income, in the form of a salary from his company based
1.6012-1(a)(1)(i), Income Tax Regs. He was entitled to claim a foreign tax credit each year for income tax paid to foreign jurisdictions. See secs. 27(a), 901. Using these foreign tax credits, petitioner reduced his regular Federal income tax liability to zero. He did not report, however, any liability for the section 55 AMT. Sectio
1.6012-1(a), Income Tax Regs. For the years 1989 through 1994, petitioners' gross income, as defined in section 61(a), was well in excess of the minimum amounts specified in section 6012. Therefore, petitioners were required to file Federal income tax returns for the years 1989 through 1994. See secs. 6011, 6012(a)(1)(A), 7701(a)(1)
1.6012-1(a), Income Tax Regs. For 1992, 1993, 1994, and 1995, petitioners' gross income, as defined in section 61(a), was well in excess of the minimum amounts specified in section 6012. Therefore, petitioners were required to file Federal income tax returns for 1992, 1993, 1994, and 1995. See secs. 6011, 6012(a)(1)(A), 7701(a)(1);
Henry's income was below the amount at which section 6012 would have required him to file a tax return for that year.
1.6012-l(a)(l)(i), Income Tax Regs. He was entitled to claim a foreign tax credit each year for income tax paid to foreign jurisdictions. See secs. 27(a), 901. Using these foreign tax credits, petitioner reduced his regular Federal income tax liability to zero. He did not report, however, any liability for the section 55 AMT. Sectio
We find that petitioner's failure to file was not due to reasonable cause. We sustain respondent's determination on this issue. III. Section 6654 -- Failure To Pay Estimated Income Tax Respondent determined that petitioner underpaid his estimated income tax and is liable for additions to tax under section 6654. Where payments of tax, eit
He failed to do so and offered no satisfactory explanation. Nor has he presented any evidence to prove that his failure to file was due to reasonable cause and not willful neglect. In fact, petitioner wrote several letters to the IRS asserting that he was not a taxpayer and accordingly refused to file income tax returns.7 Thus, we sustai
He failed to do so and offered no satisfactory explanation. Nor has he presented any evidence to prove that his failure to file was due to reasonable cause and not willful neglect. In fact, petitioner wrote several letters to the IRS asserting that he was not a taxpayer and accordingly refused to file income tax returns.7 Thus, we sustai
She failed to do so. When asked by the Court whether she had filed tax returns in prior years, petitioner replied: MS. COWAN: Years and years ago I did. THE COURT: And what made you change your mind? MS. COWAN: I believe the things that have happened in this country and the way the Government is running things, I just don't agree with it
any case in which a tax is required to be paid on or before a certain date, or within a certain period, any reference in this title to the date fixed for payment of such tax shall be deemed a reference to the last day fixed for such payment (determined without regard to any extension of time for paying the tax)." - 7 - for filing the return under section 6012 for such taxable year".
Under sections 6651 and 7203, taxpayers who fail to file income tax returns may be subject to civil additions to the tax and prosecution for criminal offenses. Moreover, under section 6673(a), this Court may award a penalty in favor of the United States if any proceeding has been instituted or maintained in this Court for frivolous reaso
Under the regulations, an election under section 871(d) is made by "filing with the income tax return required under section 6012 and the regulations thereunder * * * a statement to the effect that the election is being made." Sec.
Moreover, under section 7701(a)(1) petitioners were "persons" and were required, under section 6012, to file Federal income tax returns, and pay the income tax due thereon.
1.6012-1(a), Income Tax Regs. For 1989, 1990, and 1991, petitioner's gross income, as defined in section 61(a), was well in excess of the minimums in section 6012. Therefore, petitioner was required to file Federal income tax returns for 1989, 1990, and 1991. Secs. 6011, 6012(a)(1)(A), 7701(a)(1); sec. 1.6012-1, Income Tax Regs. Tha
Under the regulations, an election under section 871(d) is made by “filing with the income tax return required under section 6012 and the regulations thereunder * * * a statement to the effect that the election is being made.” Sec.