Harvey Doyne Perry, Jr. - Page 5




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               Code Section makes me “liable” for income taxes, this                  
               provision notifies me that I do not have to file an                    
               income tax return;                                                     
                              *   *   *   *   *   *   *                               
                    7) It should also be noted that I had “zero”                      
               income according to The Supreme Court’s definition of                  
               income * * * .                                                         
                    8) Please note that my 1997 return also                           
               constitutes a claim for refund pursuant to Code Section                
               6402.                                                                  
                    9) I am also putting the IRS on notice that my                    
               1997 tax return and claim or [sic] refund does not                     
               constitute a “frivolous” return pursuant to Code                       
               Section 6702. * * *                                                    
                              *   *   *   *   *   *   *                               
                    11) In addition, don’t notify me [t]hat the IRS is                
               “changing” my return, since there is no statute that                   
               allows the IRS to do that.  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                   
               filed, no statute authorizes IRS personnel to “change”                 
               that return.                                                           
                              *   *   *   *   *   *   *                               
               * * * The word “income” is not defined in the Internal                 
               Revenue Code. * * * But, as stated above, it can only                  
               be a derivative of corporate activity.  * * *                          
               B.  Respondent’s Deficiency Notice and Petitioner’s Response           
               On February 4, 2000, respondent (acting through the Director           
          of the Service Center in Ogden, Utah) issued a joint notice of              
          deficiency to petitioner and his wife for the taxable year 1997.            
          In the notice, respondent determined a deficiency in Federal                
          income tax in the amount of $32,564 and an accuracy-related                 
          penalty under section 6662(a) and (b)(1) for negligence or                  





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