- 3 - Line 53 of the purported return reported "total tax" in the amount of $24,939.21. Line 61 of the purported return claimed "total payments" in the amount of $15,470.11, consisting of withheld tax in the amount of $9,470.11 and estimated tax payments in the amount of $6,000. Line 65 of the purported return reported a balance due in the amount of $9,469.10 (i.e., $24,939.21 less $15,470.11). A check for such amount was enclosed with the purported return and was apparently negotiated by respondent. Respondent did not process the purported return as a return. Rather, respondent assessed a frivolous return penalty pursuant to section 6702.4 On November 10, 1994, respondent issued a 30-day letter to petitioner with respect to petitioner's 1988 taxable year. On December 5, 1994, petitioner mailed a letter to respondent protesting the adjustments proposed in the 30-day letter and requesting administrative review. In her letter dated December 3(...continued) another." Another such document, in the form of a letter signed by Mr. Buck, stated that "By invoking the Fifth Amendment at the jurat location we specifically intend to exercise our rights under the First, Fourth and Fifth Amendments to the Constitution". 4 Petitioner and Mr. Buck unsuccessfully challenged the assessment of the frivolous return penalty by first filing an administrative claim for refund and thereafter an action in District Court. See sec. 6703. Their appeal to the Court of Appeals for the Fifth Circuit was equally unsuccessful.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011