-14-
incorrect. Id. Third, the taxpayer’s position must be frivolous
or demonstrate a desire (which appears on the purported return)
to delay or impede the administration of Federal income tax laws.
Sec. 6702(a)(2). We generally look to the face of the documents
to determine whether a taxpayer is liable for a frivolous return
penalty as a matter of law.8 See Yuen v. United States, 290 F.
Supp. 2d at 1224.
Petitioners’ Form 1040 is an income tax return. Petitioners
appear to have reported all income from their Forms W-2, Wage and
Tax Statement, and Forms W-2G, Certain Gambling Winnings, on
their Form 1040. They calculated a total tax due of $6,016.
Petitioners had $13,813 withheld from their wages and gambling
income, and they requested the difference be refunded.
Petitioners also reported that they made additional payments of
$9,600 and that these were illegal garnishments from petitioner
husband’s wages. They requested a refund of that amount as well.
Petitioners’ 2003 Form 1040 is substantially incorrect in
that they cannot claim a refund of levied amounts related to a
previous tax year on their 2003 Form 1040. Petitioners will
therefore be liable for the frivolous return penalty if the
8As we lack jurisdiction to hear a claim for refund in
situations where a notice of deficiency has not been issued, see
secs. 6512(b), 7422, we make no judgment as to the validity of
petitioners’ claims for refund made on their Form 843 and Form
1040.
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