Gaylon L. Harrell - Page 14

                                        -14-                                          
          entitled to any greater amounts of deductions.  We conclude that            
          respondent has shown by clear and convincing evidence that                  
          petitioner has a little more than $33,000 of 1993 taxable income.           
               The 1993 tax tables show an income tax liability of $6,374             
          for a single person at that taxable income level.  Petitioner has           
          not suggested, and we have not found any basis for concluding,              
          that petitioner is entitled to a more favorable tax status                  
          (except for his claim to not being taxable under the Internal               
          Revenue Code because the Code is unconstitutional, at least as              
          applied to him) nor that he is entitled to any credit that                  
          reduces his tax liability.                                                  
               The only evidence in the record as to the amount of                    
          petitioner’s 1993 income tax payments is the stipulated Form W-2            
          from the USPS, which shows $3,389.83 income tax withholding.                
          Petitioner does not contend, and we have not found any basis for            
          concluding, that petitioner is entitled to any greater amount of            
          withholding or that he made any other payments that are to be               
          taken into account for purposes of section 6651.                            
               We conclude, and we have found, that respondent has shown by           
          clear and convincing evidence that the amount required to be                
          shown as tax by petitioner on a 1993 tax return exceeded the                
          amount withheld from petitioner’s wages as income tax.                      
               We hold for respondent on this issue.                                  
          B. Fraud                                                                    






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011