Harold A. Lange - Page 12

                                       - 12 -                                         
          protest document and memorandum".  The "under protest without               
          prejudice" phrase was also entered twice on the face of the                 
          return, once in close proximity to the jurat.                               
               The protest document itself states various propositions,               
          including the claim that petitioner is not an "individual" within           
          the meaning of sections 1 and 3 (notwithstanding that the 2000              
          Form 1040 purports to be a "2000 U.S. Individual Income Tax                 
          Return"), and that application of the tax rates in section 1 to             
          petitioner is unconstitutional.  Further, the protest document              
          concludes by asserting that unless respondent responds to the               
          document and rebuts each argument raised, then respondent "will             
          raise no defenses to the contents, nor claim a tax liability                
          imposed under 26 U.S.C. � 1 or 3, owing by the undersigned by               
          your agency or in a court of law".                                          
               We find that the protest document disclaims liability and              
          tends to negate the declarations in the jurat.  Any voluntary               
          agreement to a tax liability in the jurat is expressly                      
          conditioned in the protest document upon certain further actions            
          by respondent.  Moreover, the assertion in the protest document             
          that petitioner is not an "individual" for purposes of sections 1           
          and 3 contradicts any purported self-assessment of his liability            
          made on the face of the 2000 Form 1040, which by its terms is a             
          form for reporting Federal income tax of an individual.  At a               
          minimum, the protest document raises substantial doubts that                






Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011