Randal W. Howard - Page 5




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          ($2,696.00 and $674.00) were subtracted from the corrected tax              
          liability reducing the deficiency and addition to tax amounts               
          determined in the notice of deficiency.  On August 22, 1997,                
          respondent issued separate notices of deficiency, for the years             
          1994 and 1995.                                                              
                                       OPINION                                        
          Deficiency Determinations                                                   
               On brief, petitioner argues that the presumption of                    
          correctness does not apply and that respondent has failed to                
          prove that petitioner received taxable income for the years in              
          issue.  We disagree.  The notices of deficiency were based on               
          information obtained from FLBS and from petitioner’s own                    
          statements.  At trial, a representative of FLBS testified that              
          FLBS paid petitioner for his services in the amounts determined             
          in the notices of deficiency and petitioner admitted at trial               
          that he received those amounts from FLBS in return for his                  
          services.                                                                   
               Petitioner has made various other claims, including that               
          payments for his labor are not income, that he has a basis in               
          such labor equal to the amount of the payments received, that the           
          income tax is unconstitutional, and that he was a nonresident               
          alien with no relationship to the Government of the United                  
          States.  All of these arguments have been consistently rejected             
          by the courts and can be accurately characterized as timeworn               






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