- 7 - arguments as “frivolous”, observing, among other things, that section 1 of the Internal Revenue Code imposes tax liability on taxpayers and that “income” encompasses wages.4 Id. The District Court imposed sanctions on petitioner pursuant to rule 11 of the Federal Rules of Civil Procedure. Describing petitioner as “an Ohio tax protestor”, the U.S. Court of Appeals for the Sixth Circuit affirmed the District Court’s judgment and concluded that “assertion of Tornichio’s arguments in this appeal also warrants a Fed. R. App. P. [Federal Rules of Appellate Procedure] 38 award” of $1,000 in favor of the United States. Tornichio v. United States, 83 AFTR 2d 99-1531, at 99-1531 to 99-1532 (6th Cir. 1999). In a separate action in the District Court, petitioner sought refund of income taxes withheld from his wages for 1994 3(...continued) legitimacy of an Appeals Office hearing involving respondent’s attempted collection of frivolous return penalties assessed against petitioner for 1996, 1997, and 1998. The District Court dismissed the action for lack of jurisdiction. Tornichio v. United States, 89 AFTR 2d 2002-1506, 2002-1 USTC par. 50,411 (N.D. Ohio 2002). 4 The District Court explained: Plaintiff argues the Code does not impose a tax “liability”. The plain language of the Code belies this, stating the tax is “imposed”. See 26 U.S.C. � 1. He attempts to distinguish between “imposing” a tax and creating a “liability” for tax. The Court fails to see a difference. Individuals have an affirmative duty to pay taxes. * * * [Tornichio v. United States, 81 AFTR 2d 98-1377, at 98-1379, 98-1 USTC par. 50,299, at 83,681 (N.D. Ohio 1998).]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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