Brian G. Takaba - Page 9




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          That attorney was Mr. Sulla (who, as stated, entered his                    
          appearance on June 21, 2000).  In a subsequent telephone                    
          conference among Judge Marvel, Mr. Sulla, and respondent’s                  
          counsel, Judge Marvel advised Mr. Sulla that, if petitioner                 
          continued to present frivolous arguments, the Court would impose            
          penalties.  The Court further advised Mr. Sulla that he bore the            
          responsibility to straighten his client out.  Petitioner’s                  
          request for a continuance was granted.                                      
               By letter to respondent’s counsel dated September 12, 2000,            
          Mr. Sulla reviewed petitioner’s arguments as to why he did not              
          owe income tax for 1996.  Those arguments include the following:            
          (1) Petitioner had no income from any source taxable under the              
          Internal Revenue Code; (2) no provision of the Internal Revenue             
          Code obligates petitioner to file a Form 1040, U.S. Individual              
          Income Tax Return, and, therefore, payment of the Federal income            
          tax is voluntary, and (3) the Form 1040 provided by the Internal            
          Revenue Service is a “bootleg” request because it does not                  
          conform to the requirements of the Paperwork Reduction Act of               
          1980, as amended, in that the form does not display a control               
          number, an expiration date, or a statement whether the form is              
          voluntary or mandatory.  Mr. Sulla did not disavow those                    
          positions, but asked of respondent’s counsel:  “Any responses or            
          interpretations, supported by authorities, which you would assert           
          in opposition to the positions taken by [petitioner]”.                      






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