§7205 — Fraudulent withholding exemption certificate or failure to supply information

7 cases·1 distinguished·6 cited

(a)Withholding on wages

Any individual required to supply information to his employer under section 3402 who willfully supplies false or fraudulent information, or who willfully fails to supply information thereunder which would require an increase in the tax to be withheld under section 3402, shall, in addition to any other penalty provided by law, upon conviction thereof, be fined not more than $1,000, or imprisoned not more than 1 year, or both.

(b)Backup withholding on interest and dividends

If any individual willfully makes a false certification under paragraph (1) or (2)(C) of section 3406(d), then such individual shall, in addition to any other penalty provided by law, upon conviction thereof, be fined not more than $1,000, or imprisoned not more than 1 year, or both.

7 Citing Cases

For example, the Commissioner requires, as a condition ofdesignation under section 7205(f)(2), that "[t]he delivery service offered must provide for delivery to all street addresses within the United States to which documents and payments subject to § 7502 must be sent." Rev.

Robert J. Eichelburg, Petitioner T.C. Memo. 2013-269 · 2013

at 645, requires, as a condition ofdesignation under section 7205(f)(2), that "[t]he delivery service offered must provide for delivery to all street addresses within the United States to which documents and payments subject to § 7502 must be sent." 5Although petitioner cannot pursue his case in this Court, he may not be without ajudicial remedy.

United States v. Richard Michael Simkanin 420 F.3d 397 · Cir.
Dodge v. Commissioner 96 T.C. 172 · 1991
Rowlee v. Commissioner 80 T.C. 1111 · 1983
McGahen v. Commissioner 76 T.C. 468 · 1981
United States v. Simkanin · Cir.

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