Steven Matthew Langley - Page 7

                                                 - 7 -                                                    
            Moreover, as the Court of Appeals for the Fifth Circuit has                                   
            remarked: "We perceive no need to refute these arguments with                                 
            somber reasoning and copious citation of precedent; to do so                                  
            might suggest that these arguments have some colorable merit."                                
            Crain v. Commissioner, 737 F.2d 1417, 1417 (5th Cir. 1984).                                   
            Suffice it to say that petitioner is a taxpayer, and that                                     
            compensation for personal services is income.  E.g., United                                   
            States v. Romero, 640 F.2d 1014, 1016 (9th Cir. 1981)                                         
            ("Compensation for labor or services, paid in the form of wages                               
            or salary, has been universally held by the courts of this                                    
            republic to be income, subject to the income tax laws currently                               
            applicable.").  See also sec. 61(a)(1), (2), and (4), defining                                
            gross income to include compensation for services, gross income                               
            derived from business, and interest, respectively.                                            
                  Because the petition fails to state a claim upon which                                  
            relief can be granted, we will grant so much of respondent's                                  
            motion that moves to dismiss.  See Scherping v. Commissioner, 747                             
            F.2d 478 (8th Cir. 1984).  Because there is no merit whatsoever                               
            in petitioner's Motion For Dismissal For Lack Of Jurisdiction,                                
            we will deny that motion.                                                                     
                  We turn now to that part of respondent's motion that moves                              
            for an award of a penalty against petitioner under section                                    
            6673(a).                                                                                      
                  As relevant herein, section 6673(a)(1) authorizes the Tax                               
            Court to require a taxpayer to pay to the United States a penalty                             




Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011