John W. Schroeder, Jr. - Page 6




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          determined that it was appropriate for respondent to proceed with           
          the collection of petitioner’s outstanding tax liability for                
          1992.                                                                       
               G.  Petitioner’s Petition                                              
               On July 12, 2001, petitioner filed with the Court a petition           
          for lien or levy action seeking review of respondent’s notice of            
          determination.4  The following allegations reflect the crux of              
          the petition:                                                               
                    For Americans, including the self-employed, the                   
               only tax authorized under the sections referred to                     
               above [sections 1, 6001, 6011, and 6012] is Form 2555,                 
               titled “Foreign Earned Income,” not Form 1040, as                      
               Americans have been led to believe.                                    
                    The only code sections that establish liability                   
               for the income tax or the withholding of it refer to                   
               nonresident aliens, foreign corporations, and their                    
               withholding agents, who are required to file a 1040                    
               return (26 USC sections 7701, 1441, 1442, 1443, and                    
               1461).                                                                 
                    Internal revenue employees were instructed long                   
               ago by the Treasury Secretary that Form 1040 was for                   
               the above purpose; it was never intended by law to be                  
               used for U.S. citizens who earn their income within the                
               50 states and whose income is not by law subject to the                
               income tax.                                                            
                    Wages of most citizens have never been intended by                
               law to be subject to the income tax.                                   
                              *   *   *   *   *   *   *                               
                    Wages of most Americans are not, by law, subject                  
               to the income tax.  Although wages are income, they do                 
               not meet the formal legal definition for inclusion as                  

               4  At the time that the petition was filed, petitioner                 
          resided in Citrus Heights, California.                                      





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