- 13 - 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, 1417 (5th Cir. 1984); see Tolotti v. Commissioner, T.C. Memo. 2002-86. Suffice it to say: (1) Petitioners are taxpayers subject to the Federal income tax; see secs. 1(a)(1), 7701(a)(1), (14); (2) compensation for labor or services rendered constitutes income subject to the Federal income tax; sec. 61(a)(1); United States v. Romero, 640 F.2d 1014, 1016 (9th Cir. 1981); (3) gains derived from dealings in property, interest, and unemployment compensation also constitute income subject to the Federal income tax; secs. 61(a)(3), (4), 85(a); (4) petitioners are required to file an income tax return; sec. 6012(a)(1); and (5) a taxpayer’s failure to report tax on a return does not prevent the Commissioner from determining a deficiency in that taxpayer’s income tax; secs. 6211(a), 6212(a); see Monaco v. Commissioner, T.C. Memo. 1998-284. We likewise reject petitioners’ argument 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). The record showsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011