Willie R. Davidson - Page 4




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          withholding of Federal income tax.  The Form 1099-R discloses               
          that petitioner received a gross distribution in the amount of              
          $20,806.69 from the Centel ESOP Plan.                                       
               The Davidsons also attached to their Form 1040 a 2-page                
          typewritten statement that stated, in part, as follows:                     
               We are submitting this statement as part of our 1997                   
               income tax return.                                                     
               Even though we know that no section of the Internal Revenue            
               Code:                                                                  
               1. establishes an income tax “liability” * * * ;                       
               2. provides that income taxes “have to be paid on the                  
               basis of a return” * * * .                                             
               In addition to the above, we are filing even though:                   
               3.  The “Privacy Act Notice” that the face of this                     
               return directs us to, states that we need only file for                
               “any tax” we may be “liable” for, and since no Code                    
               section makes us “liable” for income taxes, this Notice                
               notifies us that we do not have to file an income tax                  
               return.                                                                
                              *   *   *   *   *   *   *                               
               It should also be noted that we had “zero” income                      
               according to the Supreme Court’s definition of income                  
               * * * .                                                                
               We would like the IRS to note that our 1997 tax return                 
               does not constitute a “frivolous” return pursuant to                   
               Code Section 6702.                                                     
                              *   *   *   *   *   *   *                               
               In addition, do not notify us, that the IRS is                         
               “changing” our return, since there is no statute that                  
               allows the IRS to do so.  You might prepare a return                   
               (pursuant to Code Section 6020(b), where no return is                  
               filed, but where, as in this case, a return has been                   






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