- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011