-2- Except where otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. Background This case is before the Court on various outstanding motions. The issues for decision are: (1) Whether to grant respondent's motion to dismiss for lack of prosecution; (2) whether to grant petitioner's motion for summary judgment; and (3) whether to grant respondent's motion for a section 6673 penalty. When petitioner Stephen V. Talmage filed his petition in this case, he resided in Piedmont, South Carolina. Petitioner, an employee of United Parcel Service, Inc. (UPS), filed no Federal income tax return for 1991. On the basis of statements sent to respondent by the payors, respondent, in her notice of deficiency, dated October 7, 1994, attributed to petitioner wages of $41,520 from UPS, nonemployee compensation of $24,801 from Matol Botanical International, Montreal, Canada, and dividend income of $60 from the Common Sense Growth Fund. In his petition, filed January 5, 1995, petitioner asserted various tax protester arguments (e.g., that he was not subject to the jurisdiction of the Internal Revenue Service; that he was not a taxpayer or person as defined in the Code; and that tax forms issued by Internal Revenue Service failed to display OMB numbersPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011