- 23 - BEGHE, J., dissenting: I respectfully dissent from the granting of respondent’s motion to dismiss for lack of jurisdiction. The Court’s action perpetuates needless inefficiency in judicial administration of the new collection provisions and plays into the hands of tax protesters. Petitioners have gummed up the works, created delay in the collection of relatively small amounts obviously due, and multiplied the proceedings with respect to frivolous return penalties whose assessment properly bypassed the deficiency procedures of the Tax Court. The Court should have denied the motion and taken jurisdiction, overruled Van Es v. Commissioner, 115 T.C. 324 (2000), and put an end to the matter by holding that the hearing requirement was satisfied and that respondent’s determination to collect the assessments should be upheld. By electing to petition the Tax Court, rather than the appropriate district court, petitioners should have been held to have waived their right to appeal the Appeals officer’s determination that they were liable for the frivolous return penalties.1 1 Applying the doctrine of waiver would have been especially appropriate in the case at hand, where the arguments made in the attachments to petitioners’ amended returns are patently frivolous and have been repeatedly rejected in our published opinions. Petitioners argued that no section of the Internal Revenue Code makes them liable for income taxes on their wages. See United States v. Connor, 898 F.2d 942, 943-944 (3d Cir. 1990) (“Every court which has ever considered the issue has unequivocally rejected the argument that wages are not income”); see also Reading v. Commissioner, 70 T.C. 730 (1978), affd. 614 (continued...)Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011