- 10 - judgment, petitioner failed to mention any Fifth Amendment claim. In these circumstances, we believe that petitioner abandoned whatever Fifth Amendment privilege he may have sought to raise in the petition.8 In his response to respondent's motion for summary judgment, petitioner repeats the principal grounds he has asserted throughout the case against respondent's determination; namely, that respondent lacks authority to assess or collect the taxes at issue in this case because either (1) such authority has been transferred to the BATF, or (2) there are no regulations implementing the assessment and collection provisions of the Internal Revenue Code.9 As to the BATF transfer argument, petitioner asserts that Treasury Department Order 221, 1972-1 C.B. 777, transferred various chapters of the U.S. Code, including chapters 63 and 64, from title 26 of that Code to title 27 of that Code. 8 Petitioner's Fifth Amendment assertion was made, in any event, in connection with a blanket refusal to furnish any information with respect to his income tax liability, which is not protected under the Fifth Amendment. United States v. Johnson, 577 F.2d 1304, 1311 (5th Cir. 1978); see also United States v. Sullivan, 274 U.S. 259, 264 (1927). 9 A review of petitioner's filings in this case reveals one additional argument, namely, certain alleged defects in a levy action against petitioner, including what petitioner argues are false or misleading statements in Form 668-W, Notice of Levy on Wages, Salary and Other Income. The short answer to petitioner's argument is that it has no application in this case. The Form 668-W relates to tax years 1980 and 1981. Neither of these tax years is before the Court, and no issue regarding a levy has been raised in these proceedings.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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