Hans C. Sherrer - Page 4




                                         -4-                                          
          Petitioner's Filing History                                                 
               Petitioner's repeated failures to file returns did not begin           
          with the first year in issue.  Petitioner's history of nonfiling            
          began more than 20 years ago, with his filing of a "tax                     
          protester" return for 1975.                                                 
               Petitioner filed proper income tax returns for 1973 and                
          1974.  Petitioner's 1975 return was a "tax protester" return,               
          accompanied by voluminous materials advancing arguments now                 
          generally dismissed by courts as having no merit, e.g., that                
          Federal Reserve Notes are neither "lawful money" nor "dollars",             
          that the Fifth Amendment relieves taxpayers of the obligation to            
          file tax returns, etc.  Because a tax liability could not be                
          computed from petitioner's 1975 return, the Commissioner                    
          reconstructed petitioner's income for that year, and determined a           
          deficiency.  Petitioner contested that deficiency in this Court;            
          we sustained the Commissioner's determination in 1978.                      
               Petitioner also filed a "tax protester" return for                     
          1976.  The Commissioner did not consider this document a valid              
          "return".  In addition, petitioner did not file any Federal                 
          income tax return document for 1977.                                        
               In January 1980, petitioner was convicted of willful failure           
          to file Federal income tax returns for 1976 and 1977, and of the            
          criminal supplying of a false withholding certificate to his                
          employer for 1977.  Petitioner was sentenced to prison for 1                
          year.  In a letter written to the U.S. probation officer prior to           
          sentencing, petitioner stated that he believed he was acting as             



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