The Nis Family Trust - Page 26




                                               - 26 -                                                  
                  The amended petitions all contain the same arguments:                                
            (1) The petitioners have no tax liability “due to a lack of                                
            consideration”, (2) "[i]t does not appear that the United States                           
            and the State of California (each a body politic with their                                
            respective governments) are under any legal obligation to protect                          
            our property and ourselves", (3) although petitioners may have                             
            accepted some commercial benefits, “it does not appear that the                            
            tax in question bears a fiscal relation to those benefits”, and                            
            (4) “regardless of the fact that some commercial benefits may                              
            have been accepted, it does not appear that any obligation to pay                          
            any particular tax in return was ever disclosed”.                                          
                  Those are all frivolous arguments.  On numerous occasions,                           
            courts have rejected similar arguments.  See, e.g., McLaughlin v.                          
            Commissioner, 832 F.2d 986, 987 (7th Cir. 1987) ("The notion that                          
            the federal income tax is contractual or otherwise consensual in                           
            nature is not only utterly without foundation but * * * has been                           
            repeatedly rejected by the courts."); United States v. Drefke,                             
            707 F.2d 978, 981 (8th Cir. 1983) (taxpayer unsuccessfully argued                          
            that taxes are debts only incurred when individuals contract with                          
            the Government for services).  The cases cited in the amended                              
            petitions are not relevant to the adjustments made in the notices                          
            of deficiency.  None of those cases relates to the validity of                             
            the trusts involved or to the substantiation of expenses, which                            
            are the issues set forth in the notices.  Furthermore, the                                 






Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

Last modified: May 25, 2011