- 4 - The paragraphs that the Court did not strike in the amended petition state: 13. Aggrieved Petitioner further complains that United States of America by and through its Congress and IRS have such a complicated code that is incomprehensible and that at no time did IRS inform Petitioner how to file a claim showing no liability for a tax, but Petitioner has heard of others who have gone to prison for not filing a return, under threat, duress to be on the safe side, Petitioner filed returns showing no liability for tax year 2000 and 2001. If such is an error, IRS had a ministerial duty to communicate and inform Petitioner on how to correct the IRS records to avoid error. 14. Aggrieved Petitioner further complains that United States of America and IRS knows or should know, even if Petitioner could be shown within the jurisdiction of Congress, that Internal Revenue Manual 4.19.1.6.2, states under “Identification of Frivolous Documents”. “NOTE: Returns having zeros or no tax entries and no evidence of frivolous arguments do not meet the criteria for FRP (Frivolous Return Program) processing”, yet IRS claims unlawfully, the claim is frivolous. OPINION After concessions, the remaining issue for decision is whether petitioner is liable for an addition to tax under section 6651(a)(1) for the year in issue because he filed a “zero tax return.” Section 7491(c) requires the Commissioner to carry the burden of production in any court proceeding with respect to thePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011