Michael J. Yacksyzn - Page 4




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               “frivolous” return pursuant to Code Section 6702.                      
                              *   *   *   *   *   *   *                               
               10) In addition, don’t notify me that the IRS is                       
               “changing” my return, since there is no statute that                   
               allows the IRS to do that.                                             
               B.  Respondent’s 30-day Letter and Petitioner’s Response               
               By letter dated September 2, 1999, respondent sent                     
          petitioner a 30-day letter proposing changes to his Form 1040 for           
          1997.  Respondent’s cover letter advised petitioner that “The               
          United States Supreme Court has consistently ruled that the                 
          income tax laws are constitutional.”                                        
               By letter dated October 1, 1999, petitioner replied,                   
          essentially arguing that because he reported an income tax                  
          liability of zero on his 1997 Form 1040, no greater amount may              
          ever be assessed against him.                                               
               C.  Respondent’s Deficiency Notice and Petitioner’s Response           
               On November 5, 1999, respondent issued a notice of                     
          deficiency to petitioner.  In the notice, respondent determined a           
          deficiency in the amount of $14,972.20 in petitioner’s Federal              
          income tax for 1997 and an accuracy-related penalty under section           
          6662(a) in the amount of $748.64.2  The deficiency in income tax            
          was based on respondent’s determination that petitioner failed to           

               2  Insofar as petitioner’s ultimate tax liability was                  
          concerned, respondent gave petitioner credit for the amounts                
          withheld from his wages and pension distributions.  However, we             
          note that the determination of a statutory deficiency does not              
          take such withheld amounts into account.  See sec. 6211(b)(1).              





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