Daniel and Sally A. Holguin - Page 3

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          W-2, Wage and Tax Statement (Form W-2), reporting wages, tips,              
          and other compensation totaling $14,857.07.  Petitioners also               
          attached a document to their 1994 Form 1040 (petitioners’ attach-           
          ment to their 1994 Form 1040) that contained statements, conten-            
          tions, and arguments that the Court finds to be frivolous and/or            
          groundless.3                                                                
               On April 13, 1996, petitioners mailed to respondent Form               
          1040 for their taxable year 1995 (1995 Form 1040).  Above their             
          signatures appearing in their 1995 Form 1040, petitioners struck            
          from the jurat clause the words “Under penalties of perjury”.               
          Because petitioners struck those words, respondent concluded that           
          petitioners’ 1995 Form 1040 was not a valid tax return.4                    
               In their 1995 Form 1040, petitioners reported total income             
          of $0 and total tax of $0 and claimed a refund of $1,052 of tax             
          withheld.  Petitioners attached to their 1995 Form 1040 Form W-2,           
          reporting wages, tips, and other compensation of $17,121.94.                
          Petitioners also attached a document to their 1995 Form 1040                
          (petitioners’ attachment to their 1995 Form 1040) that contained            
          statements, contentions, and arguments that the Court finds to be           


               3Petitioners’ attachment to their 1994 Form 1040 is very               
          similar to the documents that certain other taxpayers with cases            
          in the Court attached to their tax returns.  See, e.g., Copeland            
          v. Commissioner, T.C. Memo. 2003-46; Smith v. Commissioner, T.C.            
          Memo. 2003-45.                                                              
               4On Jan. 15, 1998, respondent prepared a separate substitute           
          for return for each petitioner with respect to the taxable year             
          1995.                                                                       





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