- 13 - Commissioner, 751 F.2d 85, 87 (2d Cir. 1984) (holding that an unapportioned income tax on wages is constitutional). A tax return is not a prerequisite of a valid notice of deficiency. See Schiff v. United States, 919 F.2d 830, 832 (2d Cir. 1990); Roat v. Commissioner, 847 F.2d 1379, 1381-1382, 1384 (9th Cir. 1988) (denying Government’s request for sanctions, but warning that the rejected arguments “have no place in this court.”); Hartman v. Commissioner, 65 T.C. 542, 546 (1975). Petitioner's other arguments are equally frivolous and without merit. All of petitioner’s legal arguments are rejected as without merit. F. Conclusion Respondent’s determinations of deficiencies are sustained in full. II. Additions to Tax A. Section 6651(a)(1) Section 6651(a)(1) imposes an addition to tax for failure to file a timely return, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. Petitioner bears the burden of proof as to reasonable cause and the absence of willful neglect. See Rule 142(a). Petitioner has conceded that she consciously decided not to file returns for the taxable years in issue. Petitioner only offers unreasonable tax-protester arguments to justify her failure to file. Petitioner has not carried her burden of proof.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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