- 3 - OPINION Section 61 defines gross income as all income from whatever source derived. Gross income includes compensation for services. See sec. 61(a)(1). In general, the Commissioner's determinations in a notice of deficiency are presumed correct, and taxpayers bear the burden of proving them erroneous. See Rule 142(a). Petitioner does not challenge the facts on which respondent's determinations are based or respondent's calculation of tax. Petitioner stipulated that during 1994 and 1995 she received compensation and Forms W-2 from Les Morin Subaru. At trial and on brief, petitioner advanced shopworn arguments characteristic of tax-protester rhetoric that has been universally rejected by this and other courts. See Wilcox v. Commissioner, 848 F.2d 1007 (9th Cir. 1988), affg. T.C. Memo. 1987-225; Carter v. Commissioner, 784 F.2d 1006, 1009 (9th Cir. 1986). Petitioner alleges: (1) The wages or compensation she received are not income subject to tax under section 61; (2) the Individual Master File states that no notice of deficiency was ever sent; (3) the Internal Revenue Service did not send a notice of deficiency and did not file a return as mandated by section 6020(b); (4) petitioner did not receive any wages, was not an employee as defined, and therefore had no filing requirement; and (5) taxing her wages violates the Sixteenth Amendment. We shall not painstakingly address petitioner's assertions "with somberPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011