Dudley Joseph Callahan and Myrna Dupuy Callahan - Page 16




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          they were “over-assessed”.9  Petitioners’ Form 1040 contains                
          handwritten notations in various sections, which explain the                
          entries, ask questions about certain items, and request                     
          additional credits for which they qualify.  These notations make            
          the return difficult to understand.  Petitioners attached many              
          unnecessary pages to their return including a list of nontaxable            
          amounts received, allegations related to a civil suit against the           
          IRS, and updated depreciation schedules related to deductions               
          that were claimed in prior years.                                           
               Although petitioners’ Form 1040 is confusing and unorthodox,           
          their arguments are not substantially similar to positions                  
          previously held to be frivolous or those that display a desire to           
          delay or impede the administration of Federal income tax laws.              
          Although not binding in this case, respondent has compiled a list           
          of 40 frivolous positions under section 6702(c) which are                   
          applicable to submissions made after March 15, 2007.  Notice                
          2007-30, 2007-14 I.R.B. 883.  Petitioners’ arguments are not                
          substantially similar to any of those positions.  Petitioners               
          appear to dispute respondent’s collection activities related to             
          2003 as well as prior years, and they make allegations related to           
          those disputes on their 2003 Form 1040.  Until the record is                


               9Petitioners vaguely expand upon their argument in their               
          petition, arguing that because they have a case pending before a            
          Court of Appeals, it is illegal to garnish wages under Congress’s           
          Taxpayer Bill of Rights.                                                    






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