Michael A.Cabirac - Page 5

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          no section of the Internal Revenue Code establishes an income tax           
          liability or provides that income taxes have to be paid on the              
          basis of a return, that he is protected by the Fifth Amendment of           
          the Constitution from providing information on a return, and that           
          he had “zero” income since he had no earnings taxable as income             
          under the Corporation Excise Tax Act of 1909, ch. 6, 36-1 Stat.             
          11.                                                                         
               In a letter dated January 19, 1999, petitioner submitted to            
          respondent a Form 4852, Substitute for Form W-2, Wage and Tax               
          Statement, correcting the Form W-2 that ECS issued to petitioner            
          for 1997.  The Form 4852 indicates that lines 7a, b, and c of the           
          Form W-2 should contain zeros.  Petitioner also submitted a                 
          document entitled “Asseveration of Claimed Gross Income” and a              
          document entitled “Detailed Explanation of Determination of                 
          Taxable Sources of Income for the Year 1997” in which he                    
          explained his position.  He claimed that the Form W-2 submitted             
          by ECS for 1997 was incorrect because he did not have any gross             
          income from a source listed in the regulations promulgated under            
          section 861.                                                                
               Petitioner submitted a Form 1040A, U.S. Individual Income              
          Tax Return, for taxable year 1998.  Petitioner entered zeros on             
          line 7 for wages and salaries, line 14 for total income, lines 18           
          and 19 for adjusted gross income, and line 24 for taxable                   








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