Timie A. Morin - Page 3




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                                       OPINION                                        
               Section 61 defines gross income as all income from whatever            
          source derived.  Gross income includes compensation for services.           
          See sec. 61(a)(1).  In general, the Commissioner's determinations           
          in a notice of deficiency are presumed correct, and taxpayers               
          bear the burden of proving them erroneous.  See Rule 142(a).                
               Petitioner does not challenge the facts on which                       
          respondent's determinations are based or respondent's calculation           
          of tax.  Petitioner stipulated that during 1994 and 1995 she                
          received compensation and Forms W-2 from Les Morin Subaru.  At              
          trial and on brief, petitioner advanced shopworn arguments                  
          characteristic of tax-protester rhetoric that has been                      
          universally rejected by this and other courts.  See Wilcox v.               
          Commissioner, 848 F.2d 1007 (9th Cir. 1988), affg. T.C. Memo.               
          1987-225; Carter v. Commissioner, 784 F.2d 1006, 1009 (9th Cir.             
          1986).  Petitioner alleges:  (1) The wages or compensation she              
          received are not income subject to tax under section 61; (2) the            
          Individual Master File states that no notice of deficiency was              
          ever sent; (3) the Internal Revenue Service did not send a notice           
          of deficiency and did not file a return as mandated by section              
          6020(b); (4) petitioner did not receive any wages, was not an               
          employee as defined, and therefore had no filing requirement; and           
          (5) taxing her wages violates the Sixteenth Amendment.  We shall            
          not painstakingly address petitioner's assertions "with somber              





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