- 6 - similar arguments the Court of Appeals for the Fifth Circuit opined: "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." This Court and the Court of Appeals for the Ninth Circuit have held petitioner's arguments to be nothing more than tax protester rhetoric and legalistic gibberish. See Fuller v. United States, 786 F.2d 1437 (9th Cir. 1986); Hudson v. United States, 766 F.2d 1288 (9th Cir. 1985); United States v. Romero, 640 F.2d 1014 (9th Cir. 1981); Woods v. Commissioner, 91 T.C. 88 (1988); 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); Snyder v. Commissioner, T.C. Memo. 1995-405; Devon v. Commissioner, T.C. Memo. 1995-206; McGanty v. Commissioner, T.C. Memo. 1995-178; Diehl v. Commissioner, T.C. Memo. 1990-48. Petitioner contends that the tax liability for the taxable year in issue is uncollectible because respondent failed to make an assessment within 3 years. However, pursuant to section 6501(c)(3), in the case of the failure to file a return, the tax may be assessed or a proceeding in court for the collection of such tax may be begun without assessment at any time. Section 6651(a)(1) imposes an addition to tax for failure to timely file a return, unless the taxpayer establishes: (1) The failure did not result from "willful neglect"; and (2) thePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011