-15- Petitioner's primary argument3 is that section 83, Property Transferred in Connection with Performance of Services, has the effect of exempting his wages from income tax because it requires us to apply section 1012, which specifies that cost should be used to determine the basis of property (unless the Code provides otherwise) to determine the extent to which wages constitute taxable income. Petitioner asserts that he "paid" for his wages with his labor and that section 83 allows the value of his labor as a cost to be offset against his wages, thereby exempting them from tax. Section 83 provides that property received for services is taxable to the recipient of the property to the 3Petitioner advances some other frivolous arguments. He claims that sec. 3121(e) ("An individual who is a citizen of the Commonwealth of Puerto Rico (but not otherwise a citizen of the United States) shall be considered, for purposes of this section, as a citizen of the United States") implies that he is not a citizen of the United States for the purposes of the income tax. Obviously, that subsection includes citizens of Puerto Rico among people considered citizens of the United States for the purposes of sec. 3121, which has to do with the FICA tax, but it does not exclude other citizens of the United States from that class. In any case, the words "for purposes of this section" (which petitioner significantly omits) mean that the provision has no effect on the income tax, which is what is at issue in the case at hand. Attempting to reach the same result, he similarly misuses secs. 1402(b) and 7655. Petitioner also claims that sec. 6201, Assessment Authority, limits respondent's authority to assess taxes to taxes paid by stamp. Sec. 6201 does grant respondent assessment authority, and other authority, with respect to taxes payable by stamp, but it also grants such authority with respect to all taxes as to which returns or lists are made under the Code, and this clearly includes the income tax. Significantly, these same subsidiary arguments, as well as petitioner's main argument, were made in precisely the same words, and rejected by us, in Santangelo v. Commissioner, T.C. Memo. 1995-468.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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