Roger Stoewer - Page 2




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               At the time the Petition for Lien or Levy Action Under                 
          Section 6320(c) or 6330(d) was filed, petitioner resided in Las             
          Vegas, Nevada.                                                              
               On April 15, 1997, petitioner filed his 1996 Form 1040EZ,              
          Income Tax Return for Single and Joint Filers With No Dependents.           
          Petitioner’s 1996 return listed his address as 5125 Gray Lane,              
          Apartment C, Las Vegas, Nevada, 89119 (Gray Lane address).  On              
          his 1996 return, petitioner reported wages and salaries of zero.            
          Petitioner also reported that his adjusted gross income and                 
          taxable income on his 1996 return was zero.  In a two-page                  
          document attached to his 1996 return, petitioner stated in part:            
               It should also be noted that I had “zero” income                       
               according to the Supreme Court’s definition of income                  
               (See Note #1), since in Merchant’s Loan & Trust Co v.                  
               Smietanka, 225 U.S. 509, (at pages 518 & 519) that                     
               Court held that “The word (income) must be given the                   
               same meaning in all of the Income Tax Acts of Congress                 
               that was given to it in the Corporation Excise Tax Act                 
               (of 1909).”  Therefore, since I had no earnings in 1996                
               that would have been taxable under the Corporation                     
               Excise Tax Act of 1909 as “income,” I can only swear to                
               having “zero” income in 1996.* * *                                     
               On April 15, 1998, petitioner filed his 1997 Form 1040EZ.              
          Petitioner’s 1997 return reflected his Gray Lane address.  Again,           
          petitioner reported wages and salaries of zero on his 1997                  
          return.  Petitioner also reported that his 1997 adjusted gross              
          income and taxable income was zero.  Petitioner attached a two-             
          page document to his 1997 return which was essentially identical            
          to the two-page document attached to his 1996 return.                       






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