- 3 - 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 entitledPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011