Daniel A. Fink - Page 2




                                        - 2 -                                         
          motion.                                                                     
                                    Background                                        
               The record establishes and/or the parties do not dispute the           
          following.                                                                  
               Petitioner resided in Henderson, Nevada, at the time he                
          filed the petition in this case.                                            
               On or about August 15, 1999, petitioner filed a Federal                
          income tax (tax) return for his taxable year 1998 (1998 return).            
          In his 1998 return, petitioner reported total income of $0, total           
          tax of $0, and claimed a refund of $5,946 of tax withheld.                  
          Petitioner attached a two-page document to his 1998 return                  
          (petitioner’s attachment to his 1998 return).  That document                
          stated in pertinent part:                                                   
               I, Daniel A. Fink, am submitting this as part of my                    
               1998 income tax return, even though I know that no                     
               section of the Internal Revenue Code:                                  
               1) Establishes an income tax “liability” as, for exam-                 
               ple, Code Sections 4401, 5005, and 5703 do with respect                
               to wagering, alcohol, and tobacco taxes;                               
               2) Provides that income taxes “have to be paid on the                  
               basis of a return: - as, for example, Code Sections                    
               4374, 4401(c), 5061(a) and 5703(b) do with respect to                  
               other taxes; I am filing anyway because I know the                     
               government has prosecuted other [sic] for failing to                   
               file income tax returns by (erroneously) invoking Code                 
               Sections 7201 and 7203.  Therefore, this return is not                 
               being filed voluntarily but is being filed out of fear                 
               that if I did not file this return I could also be                     
               (illegally) prosecuted for failing to file an income                   
               tax return for the year 1998.                                          
               3) In addition to the above, I am filing even though                   
               the “Privacy Act Notice” as contained in a 1040 booklet                





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