Scott R. Philips - Page 6

                                        - 6 -                                         

          jurisdiction to decide this case; and (3) an income tax violates            
          the Sixteenth Amendment because it is an impermissible "direct              
          tax".  We see no need to fully describe each of petitioner's                
          constitutional arguments or to address them individually.  To do            
          so might imply that the arguments have some colorable merit when            
          in fact they are groundless.                                                
               It is sufficient to note that petitioner readily                       
          acknowledges that he received income yet refuses to pay tax on              
          it.  Accordingly, we hold that petitioner is liable for the                 
          deficiencies determined by respondent.                                      
               Respondent determined additions to tax under sections                  
          6651(a)(1) and 6654.  Section 6651(a)(1) imposes an addition to             
          tax for failure to file a timely return unless it is shown that             
          such failure to file was due to reasonable cause and not due to             
          willful neglect.  Petitioner bears the burden of proving that he            
          had reasonable cause for failing to file tax returns for the                
          years in issue.  Rule 142(a); Larsen v. Commissioner, 765 F.2d              
          939, 941 (9th Cir. 1985).  Petitioner's tax protester rhetoric              
          does not establish reasonable cause.  Accordingly, we hold that             
          petitioner is liable for additions to tax under section                     
          6651(a)(1).                                                                 
               Section 6654(a) generally imposes an addition to tax if the            
          total tax withheld and any estimated tax payments made during a             
          year do not equal or exceed the threshold set forth in section              





Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011