Robert Leonard Barnett - Page 2




                                        - 2 -                                         

          All section references are to the Internal Revenue Code in effect           
          for the years at issue, and all Rule references are to the Tax              
          Court Rules of Practice and Procedure.                                      
          Background                                                                  
               Petitioner has not filed Federal income tax returns for the            
          years in question.  Respondent's determinations are based                   
          primarily on petitioner's receipt of wage income as a teacher and           
          pension income from prior employment, plus small amounts of self-           
          employment and interest income.  The only ground upon which                 
          petitioner's timely filed petition contests respondent's                    
          determinations is that "As a direct descendant of the First                 
          Nations of this continent ('Indian') I am not taxed under the               
          provisions of ARTICLE 1 [sic], SECTION 2, OF THE CONSTITUTION OF            
          THE UNITED STATES".                                                         
               When petitioner filed his petition, he gave his address as             
          Waterview, Kentucky, and designated Louisville, Kentucky, as the            
          place of trial.  However, the case was continued from the Court's           
          January 11, 1999, Louisville trial session because petitioner had           
          taken a temporary teaching position at the Oglala Sioux                     
          Reservation at Pine Ridge, South Dakota.                                    
               The case is before the Court on respondent's motion for                
          summary judgment under Rule 121.  In his response to respondent's           
          motion, petitioner relies, as he does in his petition, upon                 
          Article I, Section 2 of the U.S. Constitution as the basis of his           





Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011