- 7 - challenge the merits of respondent's determinations with regard to the State income tax refund, petitioner chose to repeatedly and pointlessly advance bizarre and intricate mathematical theories to support his contention that State income tax refunds should not be taxable income. Furthermore, and most notably, petitioner is no stranger to this Court. In 1986, petitioner failed to include as income a State income tax refund he received for overpayment of his 1985 State income taxes that he had deducted on his 1985 Federal income tax return. In Kadunc v. Commissioner, T.C. Memo. 1992- 61, this Court held that the State income tax refund constituted gross income in the year received and should have been reported on petitioner's Federal income tax return for the year in which the refund was received. The reasons for holding against petitioner in that case were very well articulated by the Court. Yet, petitioner persisted in failing to report such income on his 1991 return and chose to litigate that same issue again in this proceeding.6 Petitioner endeavored to introduce as evidence in this case documents and other evidence, including the trial transcript, from his prior case before this Court. Such evidence did not sustain his cause in the previous case and is clearly 6 Also, petitioner filed a petition with this Court, docket No. 10165-95, regarding this same issue for a different tax year. That petition was dismissed for lack of jurisdiction for the reason that the petition was untimely filed. Petitioner has appealed the dismissal.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011