Brian G. Takaba - Page 28




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          so.  In fact, Mr. Sulla consulted a legal research firm and                 
          learned that there are no such cases.                                       
               Mr. Sulla may have dismissed respondent’s arguments as “a              
          normal response from a tax collector”, but he cannot disregard              
          authority that was placed in front of his eyes and that was plain           
          to see.  We have no doubt that Mr. Sulla realized that there was            
          some risk that the 861 argument was frivolous.  Such risk was               
          apparent from the conclusion of the legal research firm that he             
          consulted that no case, rule, or regulation supported the 861               
          argument.  We need not concern ourselves with the subjective                
          valuation that Mr. Sulla placed on that risk.  It is sufficient             
          that the risk was significant and plain to see, and that he saw             
          it.  We need not concern ourselves with idiosyncratic thinking or           
          tolerate willful obtuseness.  Cf. Coleman v. Commissioner, 791              
          F.2d 68, 72 (7th Cir. 1986).  Moreover, even if Mr. Sulla had not           
          been presented with sufficient evidence contradicting the 861               
          argument, the 861 argument, on its face, is inherently                      
          improbable, because it leads to conclusions that defy common                
          sense; i.e., U.S. citizens and residents earning income within              
          the United States are taxable only on income earned from                    
          possessions, corporations, and the Federal Government, and the              
          vast amount of wages and interest paid to U.S. citizens and                 
          residents is not taxable under the Internal Revenue Code.  We               
          agree with what the Court of Appeals for the Tenth Circuit said             






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