Brenda J. Gammon - Page 3

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          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 Developments                     




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