Amended Returns – Imposing a Duty to Correct Material Mistakes

T. Keith Fogg The amended return proposal would require a taxpayer to file an amended return to correct an innocent factual error large enough to be worth correcting once the error is discovered. Failure to correct a prior representation on discovery of its falseness is a form of deceit under American nontax law. A taxpayer should not deceive his government.[1] I. Current Law A. Internal Revenue Code The Internal Revenue…