Kermit W. Kinkade - Page 4




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               Respondent served a timely trial memorandum alerting                   
          petitioner that respondent would seek a penalty under section               
          6673 against petitioner for asserting groundless and frivolous              
          positions.  The Court attempted to have a pretrial telephone                
          conference with the parties, but was unable to do so because                
          petitioner had not provided a current address and telephone                 
          number.  At the calendar call, respondent filed a motion for the            
          imposition of a penalty under section 6673, reciting that                   
          respondent had furnished petitioner copies of section 6673 and              
          relevant court opinions.  Petitioner submitted a "trial                     
          memorandum", consisting of a 10-page canned brief replete with              
          frivolous arguments about the invalidity of the Federal income              
          tax laws as applied to him, and a "Supplement Stipulation of                
          Facts" with more than 200 pages of exhibits, including a copy of            
          a 158-page preprinted document entitled "RELIANCE DEFENSE" as               
          Exhibit 7-J, prepared by "William Drexler, Esq., Juris Doctor",             
          which petitioner characterized as follows:                                  
                    This Petitioner relies on the knowledge that he is                
               subject to an income tax if he was involved in any                     
               activity that is harmful or evil or detrimental to the                 
               well being of a sovereign Citizen of the United States;                
               and any one involved in a privilege granted or licensed                
               by the State or Federal Government is also subject to                  
               income tax.                                                            
                    This Petitioner informed and hereby relies on                     
               Reliance Defense, supra, which is the compilation of                   
               many scholars that have spent years gathering the                      
               information that is relevant to this case and which                    






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