- 17 - petitioners’ religious beliefs are substantially burdened, the Federal income tax system does not violate RFRA.8 C. Remaining Contentions in Response to Summary Judgment Motion The remaining contentions raised by petitioners in the response to summary judgment motion are shopworn and frivolous assertions that do not deserve careful analysis. See Crain v. Commissioner, 737 F.2d 1417 (5th Cir. 1984). First, as previously discussed, petitioners’ contention that RFRA provides for this matter to be heard by an Article III court, and their argument about their right to a jury trial with respect to this case are without merit. See supra pp. 10-12. Second, petitioners have not been denied due process. The provision of an administrative hearing before the Appeals division is not essential to the validity of a notice of deficiency and would have been futile since petitioners did not dispute the computation or amount of the tax. See Cataldo v. Commissioner, 60 T.C. 522, 523 (1973), affd. per curiam 499 F.2d 550 (2d Cir. 1974); see also Corcoran v. Commissioner, T.C. Memo. 8 Petitioners contend that the least restrictive means of furthering the Government’s compelling interest is to simply “waive” the determined deficiencies in, and additions to, tax. In support of their argument, petitioners rely on the unsubstantiated argument that during the previous years 1991, 1993, 1994, and 1995, respondent allegedly did not pursue any adjustments. Petitioners’ argument, however, must fail because it is well settled that each taxable year stands on its own and must be separately considered. Respondent is not bound in any given year to allow the same treatment permitted in a previous year. Pekar v. Commissioner, 113 T.C. 158, 166 (1999). The circumstances of prior years are not relevant, and we consider only the taxable years at issue before this Court.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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