- 9 - 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 hisPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011