- 4 - regardless of whether petitioner pays Social Security and medicare tax under section 3101. Petitioner’s argument is completely without merit. It is well established that income tax laws are constitutional. Connor v. Commissioner, 770 F.2d 17 (2d Cir. 1985), affg. an unreported Order of this Court; Abrams v. Commissioner, 82 T.C. 403, 406-407 (1984). Section 1(d) imposes a tax on the taxable income of married individuals who do not file jointly. Section 3101 also imposes a tax on the income of every individual under the Federal Insurance Contributions Act. Section 3101 specifically states that this tax is imposed “in addition to other taxes”. The imposition of this tax does not mean that other taxes may not be exacted. Under section 61(a)(1), compensation for services is unequivocally included in gross income. Nowhere is it stated that wages taxed under section 3101 should be exempt from being included in gross income under section 61(a)(1). Because petitioner is not exempt from Federal income tax, we sustain respondent’s determination as to the deficiency in income tax. Respondent has moved for a penalty under section 6673. Under the applicable provisions of that section, this Court may award a penalty to the United States of up to $25,000 when the proceeding has been instituted or maintained by the taxpayer primarily for delay or if the taxpayer’s position in such proceeding is frivolous or groundless. Sec. 6673. Based on thePage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011