- 11 - 9. No statute makes Petitioner legally "liable" for an income tax. 10. No statute authorizes the Secretary to estimate an amount of tax based on a return. The Secretary has statutory authority only to estimate a tax omitted to be paid by stamp. 11. No assessment exists, therefore, no deficiency can arise as a matter of law. 12. If a return is not filed the Secretary is limited by law to either assessing the tax or bringing an action in court for collection. The Secretary has done neither in this case. 13. By law all Internal Revenue Code sections require an implementing regulation to become enforceable or mandatory. 14. Code section 6211 is totally without implementing regulation. 15. By law, no penalties can be imposed under a Code section lacking legislative regulation. 16. By law, no tax is due until an assessment is made and the date for payment arrives. 17. The income tax laws are based on voluntary self- assessment not upon distraint. 18. The 16th Amendment did not give Congress any new taxing power. 19. Code section 6651 has no legislative regulation having the force and effect of law to apply penalties for failure to file or pay an income tax. 20. Code section 6654 requires an original estimated assessment of the tax and underpayment before penalties can apply. 21. Code section 6673 has absolutely no legislative implementing regulation and is without the force and effect of law. 22. Code section 6214 limits the jurisdiction of Tax Court to redetermining a deficiency when a return is deficient.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011