Michael T. Hawkins and Janine M. Hansen - Page 11

                                       - 11 -                                         
               First, petitioners are taxpayers subject to the Federal                
          income tax.  See secs. 1(c), 7701(a)(1), (14); United States v.             
          Studley, 783 F.2d 934, 937 (9th Cir. 1986).  Their income from              
          labor or services as reported on their Form W-2 statements and              
          Forms 1099 constitutes income subject to Federal income tax.  See           
          secs. 1(a)(1), 61(a); Craig v. Commissioner, 119 T.C. 252, 263              
          (2002).                                                                     
               Second, the United States Tax Court is a legislative court             
          established under Article I of the United States Constitution.              
          Sec. 7441.  It has jurisdiction to determine the correct amount             
          of a deficiency.  Sec. 6214.  The constitutionality of the Tax              
          Court repeatedly has been upheld on the basis of congressional              
          authority to create specialized courts under Article I of the               
          Constitution.  Freytag v. Commissioner, 501 U.S. 868, 890-891               
          (1991); Rowlee v. Commissioner, 80 T.C. 1111, 1114 (1983); Burns,           
          Stix Friedman & Co. v. Commissioner, 57 T.C. 392, 394 (1971).               
          Petitioners contend that only a court established under Article             
          III of the Constitution, rather than a legislative court                    
          established under Article I of the Constitution, can adjudicate             
          the issues they have raised.6  Petitioners’ arguments have no               

          6  Petitioners’ reliance on the statutory language of RFRA is               
          erroneous.  RFRA provides:                                                  
               A person whose religious exercise has been burdened in                 
               violation of this section may assert that violation as                 
               a claim or defense in a judicial proceeding and obtain                 
               appropriate relief against a Government.  Standing to                  
               assert a claim or defense under this section shall be                  
               governed by the general rules of standing under article                
               III of the Constitution.                                               
          42 U.S.C. sec. 2000bb-1(c)(emphasis added).  RFRA merely applies            
          the constitutional parameters of “standing” to any alleged                  
                                                             (continued...)           



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