- 10 - Commissioner, 975 F.2d 534, 538 (8th Cir. 1992), affg. in part, revg. in part T.C. Memo. 1991-140; Liddy v. Commissioner, 808 F.2d 312 (4th Cir. 1986), affg. T.C. Memo. 1985-107. We disbelieve petitioner’s testimony that she did not own the properties in question and accord it no weight. Petitioner has failed to carry her burden of proving that she did not own the real estate in question. D. Rents Includable In Gross Income Petitioner has not argued that the real estate in question was not rent producing, nor has she produced evidence to that effect. Rents are includable in gross income. Sec. 61(a)(5). Petitioner has failed to convince us that there is any error in respondent’s adjustments increasing her gross income on account of the omission of certain rental income. E. Petitioner’s Legal Arguments Petitioner’s principal legal arguments in this case are directed to the authority of the Government to tax her income and the authority of the Court to hear her case. Petitioner’s brief contains a section titled “Petitioner’s Statement on Points of Law”, which contains a list of petitioner’s legal arguments. In pertinent part, that list is as follows: 6. Petitioner had no income within the meaning of the law. 7. Petitioner's real estate rents are not subject to an income tax as a matter of law. 8. An income tax on petitioner's rents pursuant to Pollock is an unapportioned direct tax.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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