- 5 - 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.Page: Previous 1 2 3 4 5 6 7 8 Next
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