- 3 - Tips " " 3,556 Wages Denny's Restaurants 58 Tips " " 49 The addition to tax under section 6651(a)(1) is based on respondent's determination that petitioner's failure to timely file an income tax return for the taxable year in issue was not due to reasonable cause. Petitioner's Petition Petitioner filed her petition on August 14, 1995. The crux of petitioner's position is that wages are not income, apparently because of the provisions of section 83 and the notion that a person's labor is property in which the person has a basis equal to its fair market value. Thus, the petition includes the following allegations: 8. Until a compleat [sic] and concise explanation of why intangible property is not a cost when it is disposed of to obtain other property and tangible property IS, 26 CFR 1.83-3(g) must be held to protect sums received under contract for the purchase of services from inclusion in gross income. After all, � 61(a) applies only to "gross income" ("Gross Income Defined") and does not apply to compensation which may be "excluded by law" (See 1.61-1, -2). Cost is always excluded. 9. Until these arguments can be statutorily disposed of, Petitioner contends that the FMV of services can be included in gross income only by violating � 1001 and, 26 CFR 1.1001-1(a). Petitioner attached several documents to her petition composed of over 100 pages of typewritten materials expanding on the arguments set forth above. Respondent's Rule 40 Motion and Subsequent DevelopmentsPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011