Rosemary V. Cocozza - Page 5

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            dismissal for failure to state a claim), we believe it is                                    
            preferable, in the circumstances of this case, briefly to address                            
            the issue raised by the parties’ cross-motions for summary                                   
            judgment.                                                                                    
                  Petitioner’s “Memorandum of Law”, which the Court filed as                             
            her motion for summary judgment, looks like a canned brief.  It                              
            rehashes discredited arguments that the income tax is an indirect                            
            tax or excise tax that cannot be laid upon property, that not                                
            only an individual’s labor, but also the income therefrom, is his                            
            or her property, that an excise tax is a privilege tax that it is                            
            unlawful to impose upon the individual’s inalienable right to                                
            exist, which includes his labor, and that the holdings of the                                
            Supreme Court in Stanton v. Baltic Mining Co., 240 U.S. 103                                  
            (1916), and Brushaber v. Union Pac. R.R., 240 U.S. 1 (1916), as                              
            interpreted and applied in United States v. Gaumer, 972 F.2d 723,                            
            724-725 (6th Cir. 1992), support her position.2                                              
                  Summary judgment is intended to expedite litigation and                                
            avoid unnecessary and expensive trials.  Florida Peach Corp. v.                              
            Commissioner, 90 T.C. 678, 681 (1988).  Summary judgment may be                              
            granted with respect to all or any part of the legal issues in                               
            controversy "if the pleadings, answers to interrogatories,                                   
            depositions, admissions, and any other acceptable materials,                                 

            2 Petitioner’s Memorandum of Law makes no mention of the                                     
            argument in her petition regarding Title 27 C.F.R., and we deem                              
            it to have been abandoned.                                                                   




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