-9- We sustain respondent's determination that petitioner is liable for the addition to tax for failure to file a return under section 6651(a) for 1994. D. Petitioner's Frivolous Arguments Petitioner contends that he was not the taxpayer named in the notice of deficiency because the name on the deficiency notice was spelled in capital letters, and that corporations, not individuals, spell their names with capital letters. Petitioner offered his birth certificate into evidence to prove that he was a live citizen. We did not admit it into evidence because petitioner's contention relating to the spelling of his name was frivolous. Petitioner also alleged (without explanation) that he did not receive due process, that the tax system is voluntary so that he cannot be forced to comply, and that respondent has the burden of proof. At trial, the Court advised petitioner that he had the burden of proof and reminded him that he had presented no evidence to meet that burden. Petitioner's arguments are frivolous and have been repeatedly rejected by this Court and others, including the U.S. Court of Appeals for the Ninth Circuit (the court to which an appeal would lie in this case). See, e.g., Wilcox v. Commissioner, 848 F.2d 1007, 1008 (9th Cir. 1988) (placing the burden of proof on the taxpayer does not violate due process), affg. T.C. Memo. 1987-225; McCoy v. Commissioner, 696 F.2d 1234,Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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