David Furniss - Page 3




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          $5,920, unemployment compensation of $3,705, interest of $20,               
          dividends of $36, and wages of $20,131.  Petitioner did not file            
          income tax returns for 1990, 1994, or 1996.                                 
          I.   Unreported Income                                                      
               Respondent determined that all of petitioner’s receipts                
          during the years in issue were income to petitioner.  Petitioner            
          does not dispute that he received the income; rather, he contends           
          there is insufficient authority to hold him liable for an income            
          tax.                                                                        
               The crux of petitioner’s argument is found in his trial                
          memorandum and supplement to trial memorandum.4  These trial                
          memoranda are merely lists of disjointed brief quotations and               
          erroneous statements of law.  Giving petitioner the benefit of              
          the doubt, we construe petitioner’s argument to be that the                 
          income tax is unconstitutional and, alternatively, that the                 
          definition of income excludes his receipts.  We reject                      


               4The Court directed the parties to file simultaneous briefs,           
          together with simultaneous reply briefs.  Petitioner did not file           
          a brief.  We could declare petitioner in default and dismiss his            
          case.  See Rule 123; Stringer v. Commissioner, 84 T.C. 693                  
          (1985), affd. without published opinion 789 F.2d 917 (4th Cir.              
          1986); Pace v. Commissioner, T.C. Memo. 2000-300.  We also could            
          conclude that petitioner abandoned his claims after trial and               
          decide this case against petitioner because he failed to meet his           
          burden of proof.  See Calcutt v. Commissioner, 84 T.C. 716, 721-            
          722 (1985); Hartman v. Commissioner, T.C. Memo. 1999-176.  We               
          choose, instead, to decide the case on the merits in the hope               
          that this opinion will guide petitioner’s future decisions                  
          regarding his tax obligations.  See Calcutt v. Commissioner,                
          supra at 721-722; Pace v. Commissioner, supra; Bissell v.                   
          Commissioner, T.C. Memo. 1991-163.                                          





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