Specifically, you ask whether a certificated pilot, who does not hold an instrument rating, may file an IFR flight plan using a VFR cruising altitude with the notation "VFR" in the remarks section of the flight plan, provided the pilot intends to alert ATC that the operation will be conducted only under VFR flight following.
As Steven points out, this is NOT the technique as it was explained to me and as I practice. I don't put "a VFR cruising altitude" in the altitude block and "VFR" in the remarks section.
I put "VFR/<altitude>" in the altitude block. Since I use this technique to avoid having to contact FSS to open/close a VFR flight plan when overflying Canada, I usually put "Canadian overflight" or "Canadian overflight/radar advisories" in the remarks section. If the resulting strip is what a VFR strip looks like to ATC, I don't see how any sane person could construe this practice as showing intent to violate 61.3.
So either JGoodish didn't phrase the question accurately, or the General Counsel's office deliberately sidestepped his original question and answered a subtly but significantly different question. Either way, I don't think we have a clear answer to the question of whether this practice is legal[*], though since according to the letter, accepting an IFR clearance is a
necessary condition (though maybe not
sufficient) for operating IFR in controlled airspace, there's a very easy way to be certain of not violating 61.3.
If I hear "N828JT, cleared to Victor Lima Lima as filed...", my reply is "Negative, 8JT is VFR."
[*]And please, DON'T write the General Counsel on MY behalf to get this question answered. I really don't want any more limitations by fiat, insane bureaucratic readings-into the existing regulations in the name of ever greater and greater governmental control over what pilots can and can't do, etc., on my account.