- 2 - The issues are whether provisions of the Internal Revenue Code violate the Thirteenth Amendment to the Constitution and whether petitioner is liable for the penalty under section 6662(a). The facts may be summarized as follows. Petitioner resided in Asheboro, North Carolina, at the time the petition was filed. In the notice of deficiency respondent determined that petitioner had unreported nonemployee compensation in the amount of $1,040 and disallowed itemized deductions in the amount of $20,750. At trial, petitioner offered no evidence. Rather, he filed a motion for summary judgment arguing that the Internal Revenue Code violates the Thirteenth Amendment. If petitioner’s constitutional argument fails, the decision will be entered for respondent because petitioner has the burden of establishing that respondent’s determination is incorrect. See Rule 142(a). The first section of the Thirteenth Amendment, in relevant part, states: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” The Court of Appeals for the Tenth Circuit has noted that “if the requirements of the tax laws were to be classed as servitude, they would not be the kind of involuntary servitude referred to in the Thirteenth Amendment.” Porth v. Brodrick, 214Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011