Amended Returns - Imposing a Duty to Correct Material Mistakes

7 Pages Posted: 9 Dec 2009

See all articles by Calvin H. Johnson

Calvin H. Johnson

University of Texas at Austin - School of Law

Keith Fogg

Villanova University - School of Law

Date Written: September 8, 2008

Abstract

The amended returns proposal would create a duty for a taxpayer to correct material factual errors on its tax return when the error is discovered. Failure to correct an erroneous but innocent representation is considered to be a form of deceit in American tort and contract law.

The proposal is made as a part of the Shelf Project, a collaboration by tax professionals to develop and perfect proposals to help Congress when it needs to raise revenue. Shelf Project proposals are intended to raise revenue, defend the tax base, follow the money, and improve the rationality and efficiency of the tax system. The tax community can propose, follow, or edit proposals at http://www.taxshelf.org. A longer description of the Shelf Project can be found at β€˜β€˜The Shelf Project: Revenue-Raising Projects That Defend the Tax Base,’’ Tax Notes, Dec. 10, 2007, p. 1077, Doc 2007-22632, 2007 TNT 238-37.

Shelf Project proposals follow the format of a congressional tax committee report in explaining current law, what is wrong with it, and how to fix it.

Copyright 2008 T. Keith Fogg and Calvin H. Johnson.

Suggested Citation

Johnson, Calvin Harsha and Fogg, Keith, Amended Returns - Imposing a Duty to Correct Material Mistakes (September 8, 2008). The Shelf Project; Tax Notes, Vol. 120, p. 979, September 8, 2008. Available at SSRN: https://ssrn.com/abstract=1520729

Calvin Harsha Johnson (Contact Author)

University of Texas at Austin - School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-1306 (Phone)
512-232-2399 (Fax)

Keith Fogg

Villanova University - School of Law ( email )

299 N. Spring Mill Road
Villanova, PA 19085
United States

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