Gerald J. and Gayle R. Martinez - Page 4

                                                  -4-                                                   
            one personal exemption.  In calculating the respective deficien-                            
            cies determined in the notices, respondent applied the tax rates                            
            applicable to married individuals filing separately.  Respondent                            
            also determined that, for 1983 through 1987, Mr. Martinez is                                
            liable for self-employment tax.                                                             
            Discussion                                                                                  
                  Petitioners bear the burden of proving that respondent's                              
            determinations in the notices are erroneous.  Rule 142(a); Welch                            
            v. Helvering, 290 U.S. 111, 115 (1933).                                                     
                  Petitioners contend that they are not liable for tax for the                          
            years at issue because, inter alia:                                                         
                  3.    The exercise of petitioners' religion prevents                                  
                        them from supporting or cooperating with any per-                               
                        son or organization engaged in allowing, recom-                                 
                        mending, encouraging, promoting. performing, or                                 
                        paying for abortion, or protecting or paying for                                
                        the protection of people who allow, recommend,                                  
                        encourage, promote, perform, or pay for abortions.                              
                  4.    The computation and payment of money to a person                                
                        or organization engaged in allowing, recommending,                              
                        encouraging, promoting. performing, or paying for                               
                        abortion, or protecting or paying for the protec-                               
                        tion of people who allow, recommend, encourage,                                 
                        promote, perform, or pay for abortions if [sic] a                               
                        violation of petitioner's religion.                                             
                  5.    The Constitution of the United States guarantees                                
                        petitioners' right to the free exercise of reli-                                
                        gion.  Article I of the Amendments to the Consti-                               
                        tution.                                                                         
                  6.    An amendment [the 16th Amendment] to the United                                 
                        States Constitution that was not properly approved                              
                        in accordance with provisions for amending the                                  
                        Constitution and is therefore improperly enforced                               
                        is not superior to the guarantees provided in the                               
                        First Amendment to the Constitution, in particu-                                




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