- 3 - petitioner's Federal income taxes and additions to tax based on Forms W-2 filed by petitioner's employer. In his petition, petitioner raised traditional "tax protester" type arguments. He maintains that reporting and paying income taxes is strictly voluntary; that the 5th Amendment to the Constitution of the United States prevents respondent from requiring him to provide the information called for on an income tax return; and it is the Government's responsibility to calculate his taxes and send him a bill within 60 days of the year's end. The first issue for decision is whether petitioner is liable for Federal income taxes on his wages. Respondent's determinations as to petitioner's tax liability is presumed to be correct, and petitioner bears the burden of proving otherwise. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Section 61 defines gross income as all income from whatever source derived. Included within the definition of gross income is "compensation for services". Sec. 61(a)(1). During the taxable years 1989, 1990, and 1991, petitioner received taxable wages. Sec. 61. All of petitioner's arguments have been rejected repeatedly by the courts. There is no doubt that petitioner was required to file income tax returns for the years in issue and that he was required to pay taxes on his wages. See secs. 1, 61, 6011, 6012, 7701(a). Petitioner is a classic tax protester raisingPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011