Daniel and Sally A. Holguin - Page 2

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          motion for summary judgment as to Mr. Holguin) and respondent’s             
          motion to dismiss for lack of jurisdiction and to strike as to              
          petitioner Sally A. Holguin (respondent’s motion to dismiss for             
          lack of jurisdiction as to Ms. Holguin).  (We shall refer collec-           
          tively to both of those motions as respondent’s motions.)  We               
          shall grant respondent’s motions.                                           
                                    Background                                        
               The record establishes and/or the parties do not dispute the           
          following.                                                                  
               Petitioners resided in Las Vegas, Nevada, at the time they             
          filed the petition in this case.                                            
               On April 16, 1995, petitioners mailed to respondent Form               
          1040, U.S. Individual Income Tax Return (Form 1040), for their              
          taxable year 1994 (1994 Form 1040).  Above their signatures                 
          appearing in their 1994 Form 1040, petitioners struck from the              
          jurat clause the words “Under penalties of perjury”.  Because               
          petitioners struck those words, respondent concluded that peti-             
          tioners’ 1994 Form 1040 was not a valid Federal income tax (tax)            
          return.2                                                                    
               In their 1994 Form 1040, petitioners reported total income             
          of $0 and total tax of $0 and claimed a refund of $1,020 of tax             
          withheld.  Petitioners attached to their 1994 Form 1040 two Forms           


               2On Jan. 15, 1998, respondent prepared a separate substitute           
          for return for each petitioner with respect to the taxable year             
          1994.                                                                       





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