- 2 - Background At the time of the filing of the petition, petitioner resided in Millis, Massachusetts. On October 4, 1999, respondent sent petitioner a Proposed Individual Income Tax Assessment, notifying petitioner that respondent had not received from petitioner a 1996 Form 1040, U.S. Individual Income Tax Return (tax return), and advising petitioner to file a tax return in order to receive credit for any available exemptions, deductions, or credits. Petitioner subsequently submitted a tax return, together with a 1996 Form W-2, Wage and Tax Statement (W-2). The W-2 reported $853.86 in wages from the Town of Millis and $16.86 of Federal income tax withheld. On the tax return, petitioner entered zeros on all lines requesting information regarding petitioner’s income and requested a refund of $16.86. Petitioner attached to the tax return a document making the following assertions: (1) No section of the Internal Revenue Code establishes an income tax liability; (2) no section of the Internal Revenue Code requires that income taxes have to be paid on the basis of a return; (3) the “Privacy Act Notice” contained in the Form 1040 booklet informed petitioner that she was not required to file an income tax return; (4) courts have held that a Form 1040 with zeros in all boxes for income qualified as a tax return; (5) petitioner’s 1996 income tax return constitutes aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011