- 4 - earnings for 1992 and 1993. Petitioner argues, inter alia, that (1) the income tax is an invalid excise tax; (2) he is not subject to the income tax since he is a resident of the United States and a citizen of the State of Washington whose citizenship does not depend upon immigration and naturalization or upon the 13th, 14th, and 15th Amendments; he is not subject to tax on his earnings from his labor; and the Commissioner is only authorized to collect taxes paid by stamp, whereas petitioner is not engaged in an activity that requires him to buy stamps. Petitioner's positions are wholly frivolous. The 16th Amendment authorizes the imposition of a nonapportioned direct income tax on U.S. citizens residing in the United States. See In re Becraft, 885 F.2d 547 (9th Cir. 1989); Wilcox v. Commissioner, 848 F.2d 1007, 1008 (9th Cir. 1988), affg. T.C. Memo. 1987-225; Rowlee v. Commissioner, 80 T.C. 1111, 1121-1122 (1983). Furthermore, U.S. citizens' wages are income, and this income may be taxed without apportionment. See Wilcox v. Commissioner, supra; Rowlee v. Commissioner, supra. Petitioner's other arguments are equally misguided, and such arguments have been repeatedly rejected by this and other Federal courts. See, e.g., Wilcox v. Commissioner, supra (paying taxes is not voluntary); Talmage v. Commissioner, T.C. Memo. 1996-114 n.3 (section 6201 grants assessment authority with respect to all taxes as to which returns or lists are made under the code,Page: Previous 1 2 3 4 5 6 7 Next
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