Maro Kelven Arredondo - Page 7

                                        - 7 -                                         
               The petition filed in this case does not satisfy the                   
          requirements of Rule 34(b)(4) and (5).  There is neither                    
          assignment of error nor allegation of fact in support of any                
          justiciable claim.  Rather, there is nothing but tax protester              
          rhetoric and legalistic gibberish, as demonstrated by the                   
          passages from the petition previously quoted.  See Abrams v.                
          Commissioner, 82 T.C. 403 (1984); Rowlee v. Commissioner, 80 T.C.           
          1111 (1983); McCoy v. Commissioner, 76 T.C. 1027 (1981), affd.              
          696 F.2d 1234 (9th Cir. 1983).                                              
               The Court's order dated January 29, 1996, provided                     
          petitioner with an opportunity to assign error and allege                   
          specific facts concerning his liability for the taxable years in            
          issue.  Unfortunately, petitioner failed to respond to the                  
          Court's order.  We see no need to catalog petitioner's arguments            
          and painstakingly address them.  As the Court of Appeals for the            
          Fifth Circuit has remarked: "We perceive no need to refute these            
          arguments with somber reasoning and copious citation of                     
          precedent; to do so might suggest that these arguments have some            
          colorable merit."  Crain v. Commissioner, 737 F.2d 1417, 1417               
          (5th Cir. 1984).  Suffice it to say that individuals are subject            
          to the income tax under subtitle A of the Internal Revenue Code.            
          E.g., Zyglis v. Commissioner, T.C. Memo. 1993-341, affd. without            
          published opinion 29 F.3d 620 (2d Cir. 1994).  See sec. 1(a)-(d).           
          Moreover, petitioner's claim that the income tax is an excise tax           
          that can only be assessed against those who are either licensed             




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

Last modified: May 25, 2011