Francis Ray Haskins - Page 3




                                        - 3 -                                          
               I am a natural born free Citizen/National of Kansas                     
               Republic, thus our United States of America.  I have                    
               never lived in Washington, D.C. or the territories and                  
               I am not a federal employee.  At no time during the tax                 
               year was I in the United States.                                        
               I am presently at 8555 Katherine, Wichita, Kansas and                   
               have resided at this address for the entire * * * tax                   
               year.                                                                   
              Petitioner received nonemployee compensation from trucking              
          companies for 1993, 1994, and 1995 in the amounts determined by              
          respondent and in the increased amount described above for 1994.             
                                       OPINION                                         
               Petitioner seeks to avoid the incidence of Federal income               
          tax by advancing arguments that have been unsuccessfully advanced            
          by other taxpayers.  He concedes that he received the amounts                
          designated by others as "nonemployee compensation", but he                   
          contends that he is not subject to tax.  There is no controversy             
          about petitioner's sincerity or motive(s) for avoiding Federal               
          tax.1  Simply, we must decide whether petitioner's legal                     
          positions are sufficient.                                                    
               Petitioner is not the first to pose such arguments in the               
          quest to avoid Federal income tax.  He contends that he is not a             
          citizen of the United States and that he is a citizen of Kansas              
          only.  Following this line of reasoning, he deems himself to be a            
          nonresident alien vis-a-vis his relationship to the Federal                  
          Government.  In Hacker v. Commissioner, T.C. Memo. 1994-488, we              
          addressed this same argument as follows:                                     


               1 No penalties or additions to tax have been determined or              
          asserted that require such an inquiry.                                       


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