Stephen W. Williams - Page 10

                                       - 10 -                                         
                                DENIAL AND DISCLAIMER                                 
                                  OF LORIN G. SLOAN                                   
                                    FOR THE YEAR                                      
               I submit this “Denial and Disclaimer” as an attachment                 
               to the IRS Form 1040 for the year stated above.  I deny                
               that I am liable or made liable for any “1040 income                   
               tax” for the above stated year.  I claim all of my                     
               rights and waive none of them merely for exercising my                 
               right to work.  I submit the 1040 form to prevent the                  
               further theft of my property and loss of my liberty.                   
               My signature on the form is not an admission of                        
               jurisdiction or submission to subject status.  I                       
               “disclaim liability” for any tax shown on the form.                    
               [Id. at 141.]                                                          
               We stated in Sloan that the above “Denial and Disclaimer”              
          statement “[raised] serious questions about whether petitioner              
          [was] ‘denying’ the accuracy of the information contained in the            
          return, ‘disclaiming’ the jurat altogether, or simply protesting            
          the tax laws.”  Id. at 145.  We held that, by adding the                    
          disclaimer to the jurat, the return was invalidated.                        
               In affirming our decision in Sloan, the U.S. Court of                  
          Appeals for the Seventh Circuit stated in part:                             
               It is a close question whether the “Denial &                           
               Disclaimer” should be interpreted in this light–-that                  
               is, as an attempt to retract or qualify the jurat.                     
               * * * But we think that the Internal Revenue Service                   
               should be entitled to construe alterations of the jurat                
               against the taxpayer, at least when there is any doubt.                
               * * * The government receives tens of millions of tax                  
               returns and if taxpayers start embellishing the jurat                  
               the staggering task of processing all these returns may                
               become entirely unmanageable. [Sloan v. Commissioner,                  
               53 F.3d at 800.]                                                       
               Against the foregoing backdrop, we consider for the first              
          time whether disclaimer language added outside the jurat box                
          invalidates the Form 1040 as a return because it fails to comply            





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