Kermit W. Kinkade - Page 8




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          disputed respondent's determination that he received unemployment           
          compensation in 1994 from the Commonwealth of Kentucky.                     
          Respondent proffered evidence that convinces the Court that                 
          petitioner did not file income tax returns or pay any estimated             
          tax (in addition to the tax withheld) with respect to any of the            
          taxable years at issue.                                                     
               Petitioner's brief contains outworn arguments about the                
          unconstitutionality of the Federal income tax in its application            
          to earned income that are refuted by numerous court opinions,               
          including the opinions cited supra note 1, which were provided to           
          petitioner before the trial resulting from his refusal to concede           
          respondent's determinations.  Those opinions establish that the             
          compensation paid to petitioner during the taxable years in                 
          question is included in his gross income and is subject to                  
          Federal income tax.  Petitioner's arguments are without merit,              
          and he is liable for income tax and additions to tax as                     
          determined by respondent.  No useful purpose would be served by             
          any further explanation.                                                    
               Turning to respondent's motion for a penalty under section             
          6673, we observe that, in each of the cases cited supra note 1, a           
          penalty had been imposed under section 6673, which now provides             
          for imposition of a penalty of up to $25,000 against a party who            
          advances frivolous or groundless positions or institutes or                 
          maintains a proceeding primarily for delay.  Petitioner has                 





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