William Santangelo - Page 5

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               Petitioner.  The provisions of � 1012 extend to every                  
               species of valuable right or interest, just as the term                
               "property" does * * * .                                                
                    If the amount realized from the sale of labor is                  
               only that which is under contract (FMV), the                           
               transaction is one of non-recognition * * * .                          
                              *   *   *   *   *   *   *                               
                    If Petitioner earns only the FMV of his services,                 
               chapters 1, 2, 21, and 24 are of no consequence to him;                
               he is not a "taxpayer" * * * .                                         
                              *   *   *   *   *   *   *                               
                    United States Tax Court has no jurisdiction to                    
               hear this controversy or enter a decision about it.                    
               * * *                                                                  
                    About � 6673: Said statute reads in part: * * * .                 
               Before this statute is applied to the Petitioner, it is                
               necessary for the Respondent to fully illustrate and                   
               explain how � 83, 1012, and 7701(e) have been applied                  
               and complied with OR, it should be fully illustrated                   
               and explained what precludes the Petitioner from the                   
               provisions of said statutes.  * * *                                    
               Petitioner attached to his petition over 125 pages of                  
          typewritten materials expanding on the arguments set forth in his           
          petition.  These materials include several pages devoted to                 
          section 6673 and a number of cases that have applied it.                    
          Respondent's Rule 40 Motion and Subsequent Developments                     
               As indicated, respondent filed a Motion To Dismiss For                 
          Failure To State A Claim Upon Which Relief Can Be Granted And To            
          Award Damages.                                                              

          4(...continued)                                                             
               SEC. 1012.  BASIS OF PROPERTY--COST.                                   
                    The basis of property shall be the cost of such                   
               property, except as otherwise provided * * * .                         




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