- 4 - traditional protester arguments. See Crain v. Commissioner, 737 F.2d 1417 (5th Cir. 1984). In Crain v. Commissioner, supra at 1417, when a tax protester raised similar arguments, the Court of Appeals for the Fifth Circuit opined: "We perceive no need to refute theses arguments with somber reasoning and copious citation of precedent; to do so might suggest that these arguments have some colorable merit." We agree. This Court, as well as the Ninth Circuit, have held petitioner's arguments to be nothing more than tax protester rhetoric and legalistic gibberish. See Fuller v. United States, 786 F.2d 1437 (9th Cir. 1986); Hudson v. United States, 766 F.2d 1288 (9th Cir. 1985); McCoy v. Commissioner, 76 T.C. 1027 (1981), affd. 696 F.2d 1234 (9th Cir. 1983); United States v. Romero, 640 F.2d 1014 (9th Cir. 1981); Woods v. Commissioner, 91 T.C. 88 (1988); Abrams v. Commissioner, 82 T.C. 403 (1984); Rowlee v. Commissioner, 80 T.C. 111 (1983); Snyder v. Commissioner, T.C. Memo. 1995-405; Devon v. Commissioner, T.C. Memo. 1995-206; McGanty v. Commissioner, T.C. Memo. 1995-178; Diehl v. Commissioner, T.C. Memo. 1990-48. The next issue for decision is whether the statute of limitations bars assessment where petitioner has failed to file returns. Petitioner contends that the tax liability for the taxable years in issue are uncollectible because respondent failed to make an assessment within 60 days of the end of the taxable year. Respondent contends otherwise.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011