- 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