Jerome V. Mancebo - Page 3

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               Petitioner retired in 1988 from the Federal Aviation                   
          Administration, an agency of the United States.  Petitioner was             
          an air traffic controller and had 32 years of Federal service.              
               Petitioner admitted receiving the amounts determined by                
          respondent in the notice of deficiency but steadfastly maintained           
          throughout the trial that these amounts did not constitute income           
          and that he was not liable for any Federal income tax.  At trial,           
          he stated:  "I just want it understood that I consider all this a           
          fraud.  The notice of deficiency, the whole thing, the filing of            
          a form 1040, a return, a false assessment; it's all fraud, Your             
          Honor."                                                                     
               In his petition, petitioner alleged that "The Commissioner             
          is not authorized to use a notice of deficiency to collect a                
          Qualified State Individual Income Tax which is treated, for                 
          deficiency purposes, as a Subtitle A tax pursuant to 26 CFR                 
          1.6001-1."  Petitioner did not elaborate on the meaning of this             
          allegation, since the notice of deficiency relates to Federal               
          income taxes, and there is no determination in the notice of                
          deficiency that respondent is attempting to collect a State                 
          income tax.  In a pretrial memorandum filed by respondent,                  
          respondent explains that petitioner contends he is a nonresident            
          alien because he lives in the Utah Republic, not the United                 
          States.  The Court takes that to indicate that petitioner                   
          believes that respondent is unlawfully attempting to collect                





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