- 4 - The cases were set for trial on the following day, June 13, 1995. At the calendar call, petitioner Angela Matthews conceded that she received $59,147 in income during 1991, and petitioner Richard Matthews conceded that he received $113,048 in income during 1991. At trial, petitioners conceded the amounts of the deficiencies and the additions to tax as determined and claimed by respondent. At trial, Mr. Ray made a number of arguments including: (1) The substitute for return prepared by respondent does not constitute a valid return; (2) the IRS does not have the statutory authority to determine a deficiency since petitioners failed to file returns; (3) petitioners do not bear the burden of proof as mandated by Rule 142(a) because said rule is not explicitly authorized by statute; (4) the IRS is seeking to collect a "penalty * * * in regard to a W-4, which is a subtitle C tax" that is not collectible by the IRS; and (5) the addition to tax is a non-compliance penalty which may only be asserted through an action maintained in U.S. District Court. Respondent argues that petitioners' claims are frivolous and groundless, and asks this Court to impose penalties against petitioners and costs against counsel pursuant to section 6673(a)(1) and (2), respectively. Petitioners oppose respondent's motion as unwarranted and excessive. At the outset we note that the arguments made by Mr. Ray are without factual and legal foundation and appear to represent aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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