- 3 -
return I could also be (illegally) prosecuted for
failing to file an income tax return for the year
1998.
3) In addition to the above, I am filing even though
the "Privacy Act Notice" as contained in a 1040
booklet clearly informs me that I am not required
to file. It does so in at least two places.
a) In one place, it states that I need only
file a return for "any tax" I may be "liable"
for. Since no Code Section makes me "liable"
for income taxes, this provision notifies me
that I do not have to file an income tax return.
b) In another place, it directs me to Code
Section 6001. This section provides, in
relevant part that "Whenever in the judgment
of the Secretary it is necessary, he may
require any person by notice served on such
person; or by regulations, to make such re-
turns, render such statements, or keep such
records, as the Secretary deems sufficient to
show whether or not such person is liable far
[sic] the tax under this title." Since the
Secretary of the Treasury did not "serve" me
with any such "notice" and since no legisla-
tive regulation exists requiring anyone to
file an income tax return, I am again in-
formed by the "Privacy Act Notice" that I am
not required to file an income tax return.
* * * * * * *
7) It should also be noted that I had "zero" income
according to the Supreme Court's definition of
income * * * since in Merchant’s Loan & Trust C.V.
Smlietanka [sic], 255 U.S. 509, (at pages 518 &
519) that court held that "The word (income) must
be given the same meaning in all of the Income Tax
Acts of Congress that was given to it in the Cor-
poration Excise Tax Act of 1909." Therefore,
since I had no earnings in 1998, that would have
been taxable as "income" under the Corporation
Excise Tax Act of 1909, I can only swear to having
"zero" income in 1998. Obviously, since I know
the legal definition of "income"; if I were to
swear to having received any other amount of "in-
come" I would be committing perjury * * *. There-
fore, not wishing to commit perjury * * *, I can
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