Michael E. Nestor - Page 15




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          and I would so hold, that issues not raised, as well as tax                 
          protester issues, need not be considered by Appeals officers in             
          collection hearings under section 6330(b) and that tax protester            
          issues may and should be summarily dismissed by the courts.                 
          Further, Appeals officers and the courts need not speculate about           
          what issues taxpayers might have raised were they not tax                   
          protesters or were they represented by other lawyers.2                      
               Petitioner herein is a flagrant tax protester.  Petitioner             
          did not file his 1990-96 income tax returns until 1997.  On the             
          late-filed tax returns petitioner reflected no financial                    
          information.  Petitioner claimed his wages were not income.  At             
          the evidentiary hearing before the Court, petitioner asserted:              
          “Since income taxes are based on self assessment, under Code                
          section 6201, I, alone, can determine what I owe”.                          
               At the Appeals hearing and at the hearing before the Tax               
          Court in this case, petitioner raised no relevant, legitimate, or           
          good faith issue, and we have no business speculating as to                 
          whether petitioner may ever raise any such issue.  The maxim,               
          “Justice delayed is justice denied”, applies not only to cases              
          eventually decided in favor of taxpayers but also to cases to be            


               2    In the final regulations under sec. 6330, the position            
          is taken that taxpayers may raise in court only issues that                 
          actually were raised by the taxpayers at the Appeals hearings.              
          T.D. 8979, 2002-6 I.R.B. 466; T.D. 8980 Q&A-F5, 2002-6 I.R.B.               
          477, 487.                                                                   






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