David and Theresa Smeton - Page 4




                                        - 4 -                                         
          $20.56.  The second Form W-2 was from Carrara Marble Co. of                 
          America of Rosemead, California; it disclosed the payment of                
          wages to petitioner David Smeton in the amount of $27,072.85 and            
          the withholding of Federal income tax in the amount of $1,054.23.           
          The third Form W-2 was from Builders Showcase Interiors of San              
          Diego, California; it disclosed the payment of wages to                     
          petitioner David Smeton in the amount of $5,324.31 and the                  
          withholding of Federal income tax in the amount of $652.13.  The            
          fourth Form W-2 was from Marbico Marble and Tile Co. of Las                 
          Vegas, Nevada; it disclosed the payment of wages to petitioner              
          David Smeton in the amount of $3,122.88 and the withholding of              
          Federal income tax in the amount of $76.75.                                 
               Petitioners also attached to their Form 1040 a 2-page                  
          typewritten statement that stated, in part, as follows:                     
               I, David Smeton, 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.                                
                              *   *   *   *   *   *   *                               





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011