David Andrew and Kathleen Stilwell Schmith - Page 13




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          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 shows               






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