Wesley Sherwood - Page 3

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          B.   Petitioner’s 1998 Return                                               
               On April 14, 1999, petitioner signed and filed a Form 1040,            
          U.S. Individual Income Tax Return, for 1998, in which he reported           
          only zeros.  Petitioner attached to his 1998 return a Form W-2,             
          Wage and Tax Statement, from Viking which stated that he had been           
          paid $50,361.82 in wages and had no Federal income tax withheld,            
          $3,122.43 of Social Security tax withheld, and $730.25 Medicare             
          tax withheld.  Petitioner also attached several pages of                    
          arguments, including:  (1) No section of the Internal Revenue               
          Code establishes an income tax liability, or requires that he pay           
          taxes on the basis of a return; (2) he did not file his return              
          voluntarily, he filed it to avoid prosecution; (3) the Privacy              
          Act provides that he is not required to file a return; (4) a Form           
          1040 with zeros is a valid return; (5) he had no income under the           
          definition of income in Merchant’s Loan & Trust Co. v. Smietanka,           
          255 U.S. 509 (1921); (6) income must be defined as in the                   
          Corporation Excise Tax Act of 1909; (7) he would commit perjury             
          if he said that he had any income in 1998; (8) no IRS employee              
          has been delegated authority to impose a frivolous return                   
          penalty; (9) the frivolous return penalty may not be applied to             
          him because no legislative regulation implements it; (10)                   
          respondent has not assessed income taxes for 1998 as provided in            
          Chapter 63 of the Internal Revenue Code; (11) respondent lacks              
          authority to change his return; and (12) petitioner is entitled             






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