Joel L. and Delynn E. Boyce - Page 6

                                                - 6 -                                                  

                  The arguments made by petitioners are without factual and                            
            legal foundation and appear to represent a protest of the Federal                          
            tax laws.  These types of tax protester arguments have been heard                          
            by this Court on many occasions and rejected.  We see no need to                           
            respond to each of petitioners' arguments with copious citations                           
            of precedent.  See Crain v. Commissioner, 737 F.2d 1417 (5th Cir.                          
            1984).  In short, petitioners are taxpayers subject to the income                          
            tax laws.  See Abrams v. Commissioner, 82 T.C. 403, 406-407                                
            (1984).  Petitioners' argument that they are not taxpayers is                              
            frivolous.  United States v. Studley, 783 F.2d 934, 937 (9th Cir.                          
            1986).                                                                                     
                  Gross income, pursuant to section 61, means all income from                          
            whatever source derived and includes income realized in any form,                          
            whether in money, property, or services.  Since petitioners were                           
            citizens and residents of the United States and earned their                               
            income in the United States, their income comes within the                                 
            general definition of gross income under section 61.  Moreover,                            
            under section 7701(a)(1) petitioners were "persons" and were                               
            required, under section 6012, to file Federal income tax returns,                          
            and pay the income tax due thereon.  The authority of Congress to                          
            impose and collect Federal income taxes from individuals has long                          
            been upheld as constitutional.  James v. United States, 366 U.S.                           
            213 (1961); O'Malley v. Woodrough, 307 U.S. 277 (1939); Lynch v.                           
            Hornby, 247 U.S. 339 (1918).                                                               





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

Last modified: May 25, 2011