Andrew Wesley Frank & Joy Mary Frank - Page 8

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          washed the airplane.  The record does not indicate how often                
          Mr. Frank did those things.  Petitioner spoke with flight                   
          schools (not otherwise identified in the record) to find the                
          best rate for leasing, maintaining, and insuring the airplane.              
               Petitioner reported a $2,773.52 loss for the airplane in               
          1991 and a $3,672.39 loss in 1992.                                          
                                       OPINION                                        
          A.   Whether Petitioners Are Exempt From Federal Income Tax                 
               Petitioners contend that they are not subject to Federal               
          income tax because Mr. Frank is a "common laborer" and has an               
          "occupation of common right".  Petitioners also contend that they           
          revoked their tax returns for the years at issue and that, as a             
          result, they have no contract with respondent; that they are not            
          taxpayers; and that we lack jurisdiction because they moved to              
          withdraw their petition, which we denied.  We disagree.                     
               We have jurisdiction over this case because respondent                 
          properly issued notices of deficiencies to petitioners for the              
          years in issue and petitioners timely filed a petition with this            
          Court.  Secs. 6212(a) and 6213(a); Stamos v. Commissioner, 95               
          T.C. 624, 626 (1990), affd. without published opinion 956 F.2d              
          1168 (9th Cir. 1992).                                                       
               Wages are income and a tax on wages is constitutional.                 
          Coleman v. Commissioner, 791 F.2d 68, 70 (7th Cir. 1986); Crain             
          v. Commissioner, 737 F.2d 1417, 1417-1418 (5th Cir. 1984).                  
          Mr. Frank received wages for his work as a nuclear engineer at a            




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