Michael Cipolla - Page 3

                                        - 3 -                                         
          $60,833.32 of wages to petitioner and the withholding of Federal            
          income tax in the amount of $6,988.40.                                      
               Petitioner also attached to his Form 1040 a two-page                   
          typewritten statement that stated, in part:                                 
               I, Michael Cipolla, am submitting this as part of my                   
               1997 income tax return.                                                
               Even though I know that no section of the Internal                     
               Revenue Code:                                                          
               1) establishes an income tax “liability”  *  *  *;                     
               2) provides that income taxes “have to be paid on the                  
               basis of a return”  *  *  *;                                           
               3) In addition to the above, I am filing even though                   
               the “Privacy Act Notice” as contained in a 1040 booklet                
               clearly informs me that I am not required to file.  It                 
               does so in at least two places.                                        
                    a) In one place it states that I need only file a                 
               return for “any tax” I may be liable for.  Since no                    
               Code section makes me “liable” for income taxes, this                  
               provision notifies me that I do not have to file an                    
               income tax return;                                                     
               *      *      *      *      *      *      *                            
               7) It should also be noted that I had “zero” income                    
               according to the Supreme Court’s definition of income                  
               (See note #1)  *  *  *                                                 
               8) Please note that my 1997 return also constitutes a                  
               claim for refund pursuant to Code Section 6402.                        
               9) I am also putting the I.R.S. on notice that my 1997                 
               tax return and claim for refund does not constitute a                  
               “frivolous” return pursuant to Code section 6702.                      
               *  *  *                                                                
               11) In addition, don’t notify me that the I.R.S. is                    
               “changing” my return, since there is no statute that                   
               allows the I.R.S. to do that.  You might prepare a                     
               return (pursuant to Code section 6020b) where no return                
               is filed, but where, as in this case, a return has been                
               filed, no statute authorizes I.R.S. personnel to                       
               “change” that return.                                                  
               *       *       *      *      *      *      *                          
               Note #1:  The word “income” is not defined in the                      
               Internal Revenue Code.  *  *  *   But, as stated above,                





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011