- 3 - claim for refund pursuant to section 6402; (6) petitioner had zero income in 1996; (7) no statute requires petitioner to make a self-assessment; (8) petitioner’s return is not frivolous and is not designed to delay or impede the administration of Federal income tax laws; (9) no Internal Revenue Service (IRS) employee has any delegated authority to determine if a return is “frivolous” or to impose a penalty; (10) section 6702 is benign because there is no related legislative regulation implementing the statute; (11) the IRS has no legal basis to hold the $16.86 withheld for petitioner’s 1996 income tax because no assessment was made against her; (12) sections 31(a)(1) and 1462 provide petitioner with a credit against income withheld under section 3402; and (13) no statute allows the IRS to prepare a return for petitioner because petitioner has already filed a return. In a letter dated April 24, 2000, respondent notified petitioner that respondent considered the tax return to be frivolous and her position to lack any basis in law. Respondent encouraged petitioner to seek advice from competent tax counsel, informed petitioner of the penalty pursuant to section 6702 for the filing of a frivolous tax return, and offered petitioner the opportunity to avoid the frivolous return penalty by submitting a correct return. Petitioner responded that she disagreed with respondent’s findings.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011