- 5 -
94-1416, 645 So.2d 96 (Fla. 5th DCA 1994); Johnson v.
Lomas & Nettleton Co., No. 95-1207, 670 So.2d 963 (Fla.
5th DCA 1996); Johnson v. Circuit Court, Eighteenth
Judicial District, No. 95-3319 (Fla. 5th DCA, Feb. 8,
1996) (petition dismissed by unpublished order). It
has also been argued in the Florida Supreme Court in
Johnson v. Fifth District, No. 86,071, 662 So.2d 342
(Fla. 1995) and Johnson v. Fifth District, No. 84,491,
649 So.2d 869 (Fla. 1995).
In or about August 2000, petitioner filed a purported trust
indenture with the clerk of courts of Brevard County, Florida.
This document purports to convey the Merritt Island property from
petitioner as settlor to petitioner as trustee on the ground that
“the [July 22, 1988] foreclosure order was entered without
jurisdiction and therefore VOID”.
At the time of trial of the present case, petitioner was a
party in a quiet title action regarding the Merritt Island
property.
D. Petitioner’s Income Tax Returns
In or about January 1997, petitioner submitted an amended
income tax return, Form 1040X, for 1995. On the Form 1040X,
petitioner claimed a $70,000 deduction in respect of the Merritt
Island property based on “judicial theft of real estate”. In
support of the deduction, petitioner stated that the “trial court
did not have jurisdiction to enter a final judgment” and that the
“foreclosure judgment was void for lack of jurisdiction”.5
5 In support of the claimed deduction, petitioner also
attached 1995 Form 4684, Casualties and Thefts, to the Form
(continued...)
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