Cheryl D. Flathers - Page 2




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          motion.                                                                     
                                     Background                                       
               The record establishes and/or the parties do not dispute the           
          following.                                                                  
               Petitioner resided in Las Vegas, Nevada, at the time she               
          filed the petition in this case.                                            
               On or about March 17, 1999, petitioner filed a Federal                 
          income tax (tax) return for her taxable year 1998 (1998 return).            
          In her 1998 return, petitioner reported total income of $0, total           
          tax of $0, and claimed a refund of $4,704.60 of tax withheld.               
          Petitioner attached to her 1998 return Form W-2, Wage and Tax               
          Statement, reporting wages, tips, and other compensation of                 
          $47,554.71.  Petitioner also attached a two-page document to that           
          return (petitioner’s attachment to her 1998 return).  That                  
          document stated in pertinent part:                                          
               I, Cheryl Dawn Flathers, 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 [sic]:  as,                  
                    for example, 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 others for failing                  
                    to file income tax forms 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                     





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