Dudley Joseph Callahan and Myrna Dupuy Callahan - Page 3




                                         -3-                                          
                                     Background                                       
               Petitioners Dudley Joseph Callahan and Myrna Dupuy Callahan            
          (husband and wife) resided in Plaquemine, Louisiana, at the time            
          the petition was filed.                                                     
               On October 13, 2004, petitioners filed a Form 843, Claim for           
          Refund and Request for Abatement, with the Internal Revenue                 
          Service (IRS) seeking “Every penny you collected from us, plus              
          interest” for 2003.  Petitioners also claimed a refund of                   
          penalties along with millions of dollars in damages plus interest           
          attributable to respondent’s alleged violations of the law,                 
          violations of their “civil rights and inhumane harassment”, as              
          protected by “Congress’ Taxpayer’s Bill of Rights, III”.                    
               On October 19, 2004, petitioners filed with the IRS a joint            
          Form 1040, U.S. Individual Income Tax Return, for 2003.  The                
          return reported adjusted gross income of $71,363, tax due of                
          $6,016, Federal income tax withheld of $13,813, and additional              
          payments of $9,600.  Petitioners wrote in the margin that the               
          payments, totaling $23,413, are “Illegal Garnishments”.                     
          Petitioners included petitioner husband’s pay stubs showing a               
          $9,600 levy from his wages.2  Petitioners claimed a refund of               
          $17,352.                                                                    


               2Petitioners did not include on the Form 1040 the year or              
          years to which the garnishments relate.  Furthermore, neither               
          respondent’s motion for summary judgment nor petitioners’                   
          response states the year or years to which the garnishments                 
          relate.                                                                     





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