- 4 - 4-plex. I kept working two jobs and bought more property.” In 1996, petitioner owned at least two rental properties. Petitioner’s Decision Not To File Income Tax Returns In the early 1980s, petitioner became convinced that the Federal income tax is voluntary. Before 1984, petitioner filed income tax returns, reporting wage and rental income, although, because of deductions, she had little taxable income and paid little tax. In 1984, petitioner made the decision not to file a return. In the posttrial memorandum, petitioner claims: “I sincerely believed then as I do now there is no dispute the Pollock decision says real estate rents could not be subject to a mandatory income tax.”1 Petitioner did not file Federal income tax returns for her taxable (calendar) years 1983 through 1993, the years here in issue. Respondent’s Examination In 1992, one of respondent’s agents learned that, in 1990, petitioner had expended $8,000 for an automobile. The agent asked to meet with petitioner so she could explain the lack of returns. Petitioner was requested to file delinquent returns. 1 Apparently, petitioner is referring to Pollock v. Farmers’ Loan & Trust Co., 158 U.S. 601 (1895), striking down the income tax enacted in 1894 as a direct tax not apportioned among the States in conformity with the Constitution. The modern income tax is not vulnerable to that attack. See U.S. Const. amend. XVI; see also Brushaber v. Union Pac. R.R., 240 U.S. 1, 17-18 (1916).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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