Joseph T. McQuatters - Page 9

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            not accurate.  However, the limited amount of petitioner's                                  
            testimony that did not consist of shopworn tax protester                                    
            arguments supports respondent's determination that petitioner did                           
            in fact receive nonemployee income from Masterguard in 1988.  In                            
            his testimony, petitioner admitted that he purchased merchandise                            
            from Masterguard in 1988 and that he might have resold this                                 
            merchandise to others.  Petitioner acknowledged at trial that                               
            Masterguard may pay rebates and overrides to individuals who                                
            purchase merchandise from it.  Petitioner admitted that he is not                           
            an employee of Masterguard, so it would have been appropriate for                           
            Masterguard to characterize the payments it made to petitioner as                           
            nonemployee compensation.                                                                   
                  Even if this Court were to find petitioner's dispute                                  
            reasonable, section 6201(d) clearly requires that in addition to                            
            asserting a reasonable dispute with respect to any item of income                           
            reported on an information return, the taxpayer must have fully                             
            cooperated with the Commissioner before the burden of production                            
            will shift to the Commissioner.  The evidence in this case is                               
            unequivocal that petitioner did not fully cooperate with                                    
            respondent as required by section 6201(d).  First, we note that                             
            petitioner failed to file an income tax return for 1988.  As a                              
            nonfiler, petitioner plainly did not bring his dispute over any                             
            item of income to the attention of the IRS within a reasonable                              
            period of time as contemplated by the terms and legislative                                 
            history of section 6201(d).  Additionally, petitioner's behavior                            




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