Joseph T. Tornichio - Page 2




                                        - 2 -                                         
                                  FINDINGS OF FACT                                    
               The parties have stipulated some of the facts, which we                
          incorporate herein by this reference.  When petitioner filed his            
          petition, he resided in Akron, Ohio.                                        
          A.   Petitioner’s Forms 1040                                                
               On or about April 12, 1996, February 22, 1997, and April 13,           
          1998, petitioner submitted to respondent Forms 1040, U.S.                   
          Individual Income Tax Return, for taxable years 1995, 1996, and             
          1997, respectively.  On each Form 1040, petitioner listed his               
          occupation as salesman.                                                     
               To the extent he made any entries in the income portions of            
          these Forms 1040, petitioner entered zeros; in particular, he               
          entered zeros on line 7 for wages, salaries, tips, etc.; on line            
          22 for total income; and on line 31 for adjusted gross income.              
          Petitioner left blank line 38, taxable income, and entered zeros            
          for total taxes due.  For each year, petitioner claimed refunds             
          equal to the amount of Federal income tax that he reported                  
          withheld from wages--$1,675 for 1995, $559.82 for 1996, and                 
          $232.12 for 1997.                                                           
               Petitioner attached to these several Forms 1040                        
          substantially identical two-page statements alleging, among other           
          things, that the Internal Revenue Code does not establish an                
          income tax liability or require income taxes to be paid “on the             
          basis of a return”; that requirements to file tax returns violate           






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