Russell S. Greene - Page 4




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           St. Judes Catholic Church                            2,900                    
           (nonemployee compensation)                                                    
           Chesne Boren Music                                   850                      
           (nonemployee compensation)                                                    
           Bank of America               18                                              
           (interest)                                                                    
           Atlantic Financial Federal    33                                              
           Savings Bank                                                                  
           (interest)                                                                    
           Jobee Development Company            1,125    800    2,250   1,012            
           (dividend)                                                                    
           Marvin Goodson, Alvin Duras – 916                                             
           Co-Trustees                                                                   
           (capital gain)                                                                
               The amounts listed above as wages and nonemployee                         
          compensation were paid to petitioner in consideration of                       
          contractual services performed by him.  The amounts identified as              
          interest, dividend, and capital gain were likewise received by                 
          petitioner as personal earnings.                                               
                                       Discussion                                        
               Petitioner contends that Federal income tax statutes,                     
          including sections 1, 3, 61, and 1401, may not constitutionally                
          be applied to a private independent contractor or citizen such as              
          himself.  He argues that to subject persons who are not employees              
          of a Government-created or -sanctioned entity to the tax laws                  
          both contravenes the language of the statutes and constitutes a                
          violation of due process.  He additionally claims that, because                
          he is contesting the power to tax rather than the amount of tax,               
          the burden of proof in this matter should rest upon respondent.                







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