- 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 thatPage: 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