Marko Porter - Page 9

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               contract, whether the contract is verbal, expressed or                 
               implied. * * *                                                         
               In his first amended petition, petitioner thereafter sought            
          the following relief from this Court:                                       
                    A. Dismiss the Petition for Lack of Subject matter                
               jurisdiction as determination of the amounts received                  
               would require determination of taxes and amounts paid                  
               under Subtitle C of Title 26 U.S.C. and this Court is                  
               not granted subject matter jurisdiction over Subtitle                  
               C.                                                                     
                    B. Otherwise dismiss the Commissioner's Notice of                 
               Deficiency; and,                                                       
                    C. Declare that the Petitioner is entitled to the                 
               filing status of married filing jointly for the                        
               purposes of determining the amount of any liability.                   
                    D. Declare that IRC, �1015(a) would generally                     
               establish a presumption that a Man has a basis (cost)                  
               equal to or greater than the amount he received for the                
               sale of his labor.                                                     
                    E. Declare that the Respondent has the burden of                  
               proof of showing that the Petitioner had a basis (cost)                
               other than a basis (cost) equal to or greater than the                 
               amount he received for the sale of his labor; and,                     
                    F. Declare that the Petitioner had a basis (cost)                 
               equal to or greater than the amount he received for the                
               sale of his labor during the years 1992, 1993 and 1994;                
               * * *                                                                  
               In order to avoid our granting of respondent's motion to               
          dismiss for failure to state a claim in this case, filed July 25,           
          1997, petitioner filed a second amended petition in which he                
          omitted the frivolous assertions contained in his first amended             
          petition.  Nonetheless, we find that petitioner's position in               
          this case, which has its genesis in common tax protester                    
          rhetoric, is utterly frivolous and was designed to delay his                




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