William Santangelo - Page 3

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               The additions to tax under section 6651(a)(1) are based on             
          respondent's determination that petitioner's failure to file                
          income tax returns for the years in issue was not due to                    
          reasonable cause.                                                           
          Petitioner's Petition                                                       
          Petitioner filed an eight page typewritten petition for                     
          redetermination on May 26, 1995.  The crux of petitioner's                  
          position is that wages are not income, apparently because of the            
          provisions of sections 83 and 7701(e) and the notion that a                 
          person's labor is property in which the person has a basis equal            
          to its fair market value.  Thus, the petition includes the                  
          following allegations:                                                      
                    When a lessee disposes of, or damages, property                   
               belonging to the lessor, is the amount needed to                       
               compensate the lessor to be included in the lessor's                   
               gross income when paid to him by the lessee?  NO.  The                 
               Respondent cannot tax as gross income, therefore, the                  
               amount received for labor or services of an employee or                
               contractor, disposed of by an employer or customer of a                
               contractor, without violating � 7701(e)[2] which says                  
               that service contracts shall be treated as leases of                   

          2         Sec. 7701(e) provides in part as follows:                         
                    (e) Treatment of Certain Contracts for Providing                  
               Services, Etc.--For purposes of chapter 1--                            
                         (1) In General.--A contract which purports to                
               be a service contract shall be treated as a lease of                   
               property if such contract is properly treated as a                     
               lease of property, taking into account all relevant                    
               factors including whether or not--                                     
                              (A) the service recipient is in physical                
                    possession of the property * * *                                  




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