Meredyth E. Kilgore - Page 3

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          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.                                                      








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