John E. Buras - Page 8

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          penalty, in an amount up to $25,000, on a taxpayer if the                   
          position or positions asserted in the case are frivolous or                 
          groundless.  Sec. 6673(a)(1)(B).                                            
               Petitioner’s arguments were those of a classic tax                     
          protester.  Petitioner stated at trial that he “was taught that             
          taxes were a slavery upon the people”.  While petitioner                    
          professed that he was not opposed to taxes, he was of the view              
          that he should pay only a “legal, lawful, constitutional tax”.              
          Petitioner did not define what he considered to be a legal tax,             
          asserting simply he did not believe he should be required to pay            
          taxes, even though he admitted his income did not come from the             
          church.  Finally, petitioner acknowledged that he had appeared              
          before this Court at least once before and argued the same issue.           
          The Court also notes that in United States v. Buras, 633 F.2d               
          1356 (9th Cir. 1980), petitioner was convicted of willful failure           
          to file Federal income tax returns.  On this record, the Court              
          will grant respondent’s oral motion and impose a penalty of $500            
          on petitioner for instituting a frivolous and groundless                    
          petition.                                                                   
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                        An appropriate order and decision             
                                  for respondent will be entered.                    








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