David Andrew and Kathleen Stilwell Schmith - Page 4




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          withheld from their wages.                                                  
               Petitioners attached to their Form 1040 a two-page                     
          typewritten statement that stated, in part, as follows:                     
               I, David and Kathleen Schmith am submitting this as                    
               part of my 1997 income tax return, even though I 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” * * * ;                                         
               3) In addition to the above, I am filing even though                   
               the “Privacy Act Notice” as contained in a 1040 booklet                
               clearly informs me that I am not required to file.  It                 
               does so in at least two places.                                        
               a) In one place, it states that I need only file a                     
               return for “any tax” I may be “liable” for.  Since no                  
               Code Section makes me “liable” for income taxes, this                  
               provision notifies me that I do not have to file an                    
               income tax return;                                                     
                              *   *   *   *   *   *   *                               
               6) Please note, that my 1997 return also constitutes                   
               a claim for refund pursuant to Code Section 6402.                      
               7) It should also be noted that I had “zero” income                    
               according to the Supreme Court’s definition of income                  
               (See Note #1) * * * .                                                  
               8) I am also putting the IRS on notice that my 1997                    
               tax return and claim for refund does not constitute a                  
               “frivolous” return pursuant to Code Section 6702.                      
                              *   *   *   *   *   *   *                               
               10) In addition, don’t notify me that 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 as in this case, a return has been filed, no                
               statute authorizes IRS personnel to “change” that                      
               return.                                                                





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