- 3 - Loan & Trust Co. v. Smietanka, 255 U.S. 509 (1921); (5) his return is not frivolous; (6) no IRS employee has been delegated authority to determine whether a return is “frivolous” or to impose a frivolous return penalty; (7) the frivolous return penalty may not be applied to him because no legislative regulation implements it; (8) no statute allows the IRS to prepare a return for him because he has filed a “return”; and (9) income, for purposes of the Federal income tax, “can only be a derivative of corporate activity.” Respondent prepared a substitute return for petitioner.3 On June 6, 2003, respondent issued a 30-day letter in which respondent adjusted petitioner’s income tax liability for 2001. On July 6, 2003, respondent received from petitioner a letter asserting the same frivolous and groundless tax protester-type arguments as indicated above. Respondent’s Notice of Deficiency On August 1, 2003, respondent issued a notice of deficiency for 2001 to petitioner at the Eagle Rock address. In the notice of deficiency, respondent determined a deficiency of $4,809, an addition to tax under section 6651(a)(1) for failure to timely file of $1,202.25, and an addition to tax under section 6654(a) 3 The substitute return in evidence is a blank Form 1040 that reflects only petitioner’s name, Social Security number, and filing status. See sec. 6020(b); Swanson v. Commissioner, 121 T.C. 111, 112 n.1 (2003).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