Neil T. Nordbrock - Page 5




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               In 1994, Mr. Nordbrock commenced a proceeding in bankruptcy.           
          In that proceeding, his attorney was John J. Standifer, Jr.                 
          (Standifer).  During 1995, checks totaling $3,060.48 were written           
          to Standifer.  Other checks were written to Standifer and to the            
          bankruptcy trustee in multiples of $36.50 per month as “payments            
          to be applied to Mr. Nordbrock’s Chapter 13 Plan”.                          
               On April 25, 1996, the IRS sold the Swan property in order             
          to enforce a judgment against Mr. Nordbrock for preparer                    
          penalties.  Petitioners commenced litigation challenging the sale           
          and seeking to set it aside.  That litigation was still pending             
          at the time of trial in these cases.                                        
               For each of the years in issue, petitioners submitted to the           
          IRS a joint Form 1040, U.S. Individual Income Tax Return.  Next             
          to their signatures on the form, however, was a reference to                
          “Note 1”.  Note 1 to each return was a statement as follows:                
                                       NOTE 1                                         
               This return is not voluntarily submitted, nor is it                    
               signed under penalties of perjury.                                     
               It is signed and submitted under duress, coercion, and                 
               the threat of criminal prosecution.                                    
                    See 319 US 624-1943 WEST VIRGINIA STATE BOARD OF                  
               EDUCATION et al. v. BARNETTE et al.                                    
               In the notices of deficiency, respondent determined that               
          petitioners were taxable on the items of income set forth above,            
          less certain of the deductions claimed on the Forms 1040                    
          submitted by them.  Respondent disallowed deductions for legal              





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