- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011