Mark C. Nagy - Page 3

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            under section 6651(a)(1) are based on respondent's determination                           
            that petitioner's failure to file timely income tax returns was                            
            not due to reasonable cause.  The additions to tax under section                           
            6654(a) are based on respondent's determination that petitioner                            
            failed to pay the requisite estimated income tax for the years in                          
            issue.                                                                                     
                  The petition, timely filed, contains the following                                   
            allegations: (reproduced exactly)                                                          
                  THE PETITIONER, UPON PRESENTMENT BY INTERNAL REVENUE,                                
                  RETURNED AND REFUSED FOR CAUSE UCC 3-501 SAID                                        
                  PRESENTMENTS WITHOUT DISHONOR.  IN ADDITION, PETITIONER                              
                  MARK NAGY, IS NOT A "U.S. CITIZEN" NEITHER IS HE A                                   
                  'RESIDENT NOR INHABITANT' OF THE U.S. AND HAS NO INCOME                              
                  EFFECTIVELY CONNECTED WITH THE UNITED STATES THAT MARK                               
                  NAGY DID NOT KNOWINGLY OR VOLUNTARILY ENTER INTO ANY                                 
                  AGREEMENT OR CONTRACT TO BE LIABLE FOR THE NATIONAL                                  
                  DEBT, OR 'ELECTED' TO BE TREATED AS A RESIDENT OF THE                                
                  UNITED STATES UNDER 26 CFR PART 5h; 26 USC, SECTION                                  
                  6013 (g) & (h) BY THE SIGNING OF FORM 1040 OR OTHER                                  
                  RELATED U.S. FORMS.  MARK NAGY IS NOT A PARTY TO ANY                                 
                  TRANSACTION WITH THE U.S.  LET THE U.S. PRODUCE THE                                  
                  ORIGINAL SIGNED CONTRACT [SEC.] 871 4(b) FURTHER                                     
                  PETITIONER SAYETH NOT.                                                               
                  After respondent filed the instant motion to dismiss,                                
            petitioner filed an Objection in which he claims, inter alia,                              
            that self-employment tax is an "excise-taxable" activity and that                          
                        3.  Petitioner is a non-resident alien for purpose                             
                        of the Federal Excise Tax.                                                     
                                                * * *                                                  
                        6.  At issue in this case is the factual error the                             
                        Respondent made by classifying the Petitioner as a                             
                        resident of the U.S., and that the petitioner is                               
                        engaged in excise taxable activity.  Since the                                 
                        Petitioner was/is a non resident alien and not engaged                         
                        in any excise taxable activity he disputes [the                                
                        deficiencies, additions to tax, and interest].                                 




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Last modified: May 25, 2011