Scott Ray Holmes - Page 3

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          Capital Section 401k Asset Maintenance Plan, and a distribution             
          of $4,7992 from Cooper Tire & Rubber Cash Clear.                            
               Petitioner made no income tax or estimated tax payments for            
          2002.  Federal income tax was withheld from his income for 2002             
          in the amount of $7,232.  Petitioner did not file a Federal                 
          income tax return for 2002.  He mailed a 32-page document                   
          entitled “Notice of Affidavit Statement in Rebuttal to Internal             
          Revenue Code Section 6011 For Year Period Ending December 31,               
          2002” to respondent’s national office on May 8, 2003.  In it,               
          petitioner argued that he was not subject to tax for 2002                   
          because, inter alia:  (1) Filing Federal income tax returns is              
          voluntary; (2) paying income tax based on a Form 1040, U.S.                 
          Individual Income Tax Return, is an illegal kickback; (3) taxable           
          income applies only to sources from international or foreign                
          commerce; (4) petitioner’s domicile is outside the United States            
          because he lives in the “compact state of Texas state republic”;            
          (5) he is not a “United States Person”, domestic partnership,               
          domestic corporation, estate or trust; (6) the term “employee”              
          applies only to those working for public service; and (7) his               
          wages are not included in gross income.  Petitioner attached                
          about a hundred pages of exhibits to the 32-page document,                  
          including purported copyright notices published in a newspaper of           


               2  The parties agree that $767 of the $4,799 distribution is           
          taxable if petitioner is subject to Federal income tax.                     





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