Robert Gunselman - Page 3




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          notice of deficiency.  Respondent assessed the deficiency                   
          determined in the notice of deficiency.2                                    
               On March 1, 2001, respondent issued to petitioner a “Notice            
          of Federal Tax Lien Filing and Your Right to a Hearing Under IRC            
          6320”.3  The lien filing was made with respect to unpaid taxes              
          stated as follows:                                                          






               2After respondent assessed the taxes reported on                       
          petitioner’s returns and the deficiency for 1997, petitioner                
          filed Forms 1040X, Amended U.S. Individual Income Tax Return, for           
          1997, 1998, and 1999.  The returns for 1997 and 1998 state:                 
               Line #1:  Due to ignorance, we reported as “income”                    
               sources of income as being “income” itself, when in                    
               fact we had no statutory income to report.                             
               Line #23:  Apart from Line #1 above, we also had no                    
               statutory liability with respect to income taxes, and                  
               pursuant to our 1040X * * * [return] we would like a                   
               refund of all taxes paid with interest.                                
          The amended return for 1999 adds:                                           
               Line #10:  Apart from #1 above, we also had no                         
               statutory liability with respect to income taxes, and                  
               pursuant to Code sec. 31(a.)(1.), we have a                            
               constitutional right to have the wage tax imposed in                   
               sec. 3402(a.)(1) refunded since it represents an                       
               unapportioned, direct tax on wages, and thus                           
               unconstitutional if we could not have them refunded                    
               because of the misleading caption on sec. 3402(a.)(1.)                 
               we did not realize that what was deducted from our pay                 
               was not income taxes but a direct tax on our wages.                    
               3Respondent filed a Form 668(Y)(c), Notice of Federal Tax              
          Lien, with the prothonotary of Montgomery County, Norristown,               
          Pennsylvania.                                                               




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