- 4 - distribution due to the liquidation of individual retirement accounts and/or pension plan. During the years 1994, 1995, and 1996, petitioners received interest income from bank account(s). Discussion Petitioners’ legal premise is that the income tax is actually an excise tax and that they did not engage in any “excise taxable activities” during the years in issue.2 Petitioners have gone to great lengths to support their premise by citing cases, statutes, and related legal materials. After thorough review, we hold that petitioners’ legal premise is in error and that petitioners have misconstrued the cited legal materials. We briefly review petitioners’ arguments. Petitioners present their legal argument in the classic syllogistic form; i.e., (1) “the income tax is * * * an indirect tax, in the nature of an excise [tax]”; (2) petitioners engaged in no activity that is subject to excise tax; (3) therefore, petitioners are not subject to tax. Petitioners’ initial premise, however, is fallacious in treating the income tax as synonymous with, or the same as, an excise tax. Petitioners’ reasoning is specious and circuitous in other respects. Petitioners’ initial premise derives from early Supreme Court cases where the constitutionality of an income tax was being 2 Petitioners specifically concede that “the federal income tax laws are valid and constitutional.”Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011