- 3 - 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 collectPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011