Brian G. Takaba - Page 26




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          is scienter and a false (or, in the securities fraud context,               
          misleading) statement.                                                      
               We find that Mr. Sulla was reckless in making the 861                  
          argument.  We do so because (1) there were obvious reasons for              
          Mr. Sulla to doubt his interpretation of the regulations and (2)            
          the conclusions to be drawn from the 861 argument are so                    
          inherently improbable that only a reckless man would have made              
          that argument.  As stated, the 861 argument is that the                     
          regulations under section 861 establish that, although petitioner           
          is a U.S. citizen, petitioner’s income in the form of                       
          remuneration for services and bank interest received from sources           
          within the United States is not taxable income (or is not “non-             
          exempt income”).  The most obvious reason for Mr. Sulla to doubt            
          his interpretation of the regulations is that it is flatly                  
          contradicted by section 1.1-1, Income Tax Regs.  In pertinent               
          part, section 1.1-1, Income Tax Regs., provides:                            
               SEC. 1.1-1 Income tax on individuals.--                                
                    (a)  General rule.  (1) Section 1 of the Code                     
               imposes an income tax on the income of every individual                
               who is a citizen or resident of the United States * * *                
                         *  *  *  *  *  *  *                                          
                    (b) Citizens or residents of the United States                    
               liable to tax.  In general, all citizens of the United                 
               States, wherever resident, * * * are liable to the                     
               income taxes imposed by the Code whether the income is                 
               received from sources within or without the United                     
               States.  * * *                                                         







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