Cedric K. and Madelyn D. Nunn - Page 14




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          with an order of the Court.  We find that these failures were due           
          to petitioners’ willfulness, bad faith, or fault.  Further,                 
          petitioners failed to provide the Court with any excuse or                  
          explanation for their behavior.                                             
               We very easily could find that petitioners failed to                   
          properly prosecute their case and grant respondent’s motion to              
          dismiss this action.  However, we choose instead to decide the              
          case on the merits in the hope that this opinion will guide                 
          petitioners’ future decisions regarding their tax obligations.              
          See Calcutt v. Commissioner, 84 T.C. 716, 721-722 (1985); Pace v.           
          Commissioner, T.C. Memo. 2000-300; Bissell v. Commissioner, T.C.            
          Memo. 1991-163.  Respondent’s motion to dismiss for failure to              
          properly prosecute will be denied.                                          
          2.   Petitioners’ Challenges to the Federal Income Tax                      
               The crux of petitioners’ arguments can be found in their               
          trial memorandum.  Petitioners assert that the Federal income tax           
          is a voluntary system that is unconstitutional.  Petitioners                
          arrive at this conclusion by combining case quotations taken out            
          of context and erroneous statements of law with misguided and               
          illogical beliefs.                                                          
               Petitioners’ arguments are basic tax-protester rhetoric                
          which has long been dismissed as frivolous and without merit.               
          Lonsdale v. Commissioner, 661 F.2d 71, 72 (5th Cir. 1981), affg.            
          per curiam T.C. Memo. 1981-122.  These arguments are nothing more           






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