- 3 -
FINDINGS OF FACT
Some of the facts have been stipulated and are so found.2
The stipulations of the parties, with accompanying exhibits, are
incorporated herein by this reference. At the time this petition
was filed, petitioners resided in Glendale, Arizona.
On August 29, 2003, respondent issued to petitioner Terry a
notice of deficiency determining that in 2001 Terry received
$18,407 in miscellaneous income from The Dollarhide Financial
Group LLC (Dollarhide) and $8,182 in miscellaneous income from
Lincoln Financial & Insurance Services of Nebraska or Lincoln
Financial Group (Lincoln) for computer services rendered under
the d.b.a. name, Major Computer Services. These amounts were
reported to respondent on Forms 1099-MISC, Miscellaneous Income.
Respondent also determined that in 2001 Terry received $15 from
National Financial Services LLC, as reported to respondent on
Form 1099-DIV, Dividends and Distributions, and $1 from Robert
2 Petitioners objected to many of the paragraphs in the
Stipulation of Facts on Fifth Amendment grounds. The Court
informed petitioners that they were not permitted to use the
Fifth Amendment privilege as both a sword and a shield. See
United States v. Rylander, 460 U.S. 752, 758 (1983).
Furthermore, the Court warned petitioners that both the Supreme
Court and the Courts of Appeals have held that a person does not
have a right to claim the Fifth Amendment privilege to avoid
filing a Federal income tax return or to refuse signing a Federal
income tax return under penalties of perjury. See United States
v. Sullivan, 274 U.S. 259, 263 (1927).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011