James C. and Katherine Wilkins - Page 4




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          total amounts plus any penalties be dropped, due to negligence of           
          the I.R.S.”4  Respondent filed an answer to the amended                     
          petition.5                                                                  
               As indicated, respondent moves for summary judgment.                   
          Respondent avers that “Although there have been several                     
          initiatives in Congress to study reparations proposals for                  
          African-Americans, there is currently no provision in the tax law           
          that allows African-Americans to claim black investment taxes or            
          any type of tax credit or refund related to slavery reparations.”           
          Respondent also asserts that he has taken steps to combat the               
          “slavery reparation scam”.                                                  
               Petitioners filed an Objection to respondent’s motion.                 
          Petitioners contend that respondent’s motion should be denied               
          because respondent was “negligent in informing the public                   
          specifically African-Americans of * * * [the slavery reparations]           


               4  Respondent did not determine that petitioners are liable            
          for any addition to tax or penalty for the taxable year 1998.               
               5  Respondent initially filed a motion to dismiss for lack             
          of jurisdiction, asserting that the notice of deficiency was                
          invalid on the ground that respondent did not determine a                   
          deficiency in tax because sec. 6201(a)(3) authorized the                    
          immediate assessment of the $80,000 erroneously refunded to                 
          petitioners.  When petitioners failed to file an objection, the             
          Court granted respondent’s motion to dismiss.  Respondent later             
          moved to vacate the Court’s order of dismissal for lack of                  
          jurisdiction, asserting that the erroneous refund issued to                 
          petitioners is subject to the normal deficiency procedures set              
          forth in secs. 6211-6216.  The Court granted the motion to                  
          vacate, concluding that respondent determined a deficiency in               
          petitioners’ Federal income tax.                                            





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