Gene and Ciao Newman - Page 15




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          a petition for redetermination with this Court.  See sec.                   
          6213(a).  Under the circumstances, section 6330(c)(2)(B) bars               
          petitioners from challenging the existence or the amount of their           
          underlying tax liabilities for the years 1993 through 1997 in               
          this collection review proceeding.                                          
               In addition to the bar imposed by section 6330(c)(2)(B),               
          petitioners’ arguments that they are not subject to the Federal             
          income tax are frivolous and groundless.  See Nestor v.                     
          Commissioner, 118 T.C. 162, 165 (2002); Goza v. Commissioner,               
          supra.  As the Court of Appeals for the Fifth Circuit has                   
          remarked: "We perceive no need to refute these arguments with               
          somber reasoning and copious citation of precedent; to do so                
          might suggest that these arguments have some colorable merit."              
          Crain v. Commissioner, 737 F.2d 1417 (5th Cir. 1984).  Suffice it           
          to say that petitioners are taxpayers who are subject to the                
          Federal income tax on their wages and other sources of income.              
          See secs. 1(a), (d); 61(a)(1), (3), (4), (7), (11); 72; 85;                 
          408(d); 7701(a)(1), (14).                                                   
               Petitioners next argue that the Appeals officer failed to              
          obtain verification from the Secretary that the requirements of             
          all applicable laws and administrative procedures were met as               
          required by section 6330(c)(1).  We reject petitioners’ argument            
          because the record establishes that the Appeals officer obtained            
          and reviewed transcripts of account (Forms 4340) for petitioners’           






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