Joseph W. McBride - Page 8

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                 Petitioner’s motion gives the Court no reason to                     
            conclude that the subject tax was not properly assessed.                  
            It simply disregards both the statement in the notice of                  
            determination that the assessment is valid and the                        
            transcript attached to the Declaration of the Appeals                     
            officer that shows that the subject tax was assessed.                     
                 Petitioner’s motion makes three other frivolous                      
            arguments.  The motion states:  “that withholding has                     
            nothing to do with income taxes and/or the 16th Amendment”;               
            that “corporations only pay income taxes on their profit;                 
            this must also apply to individuals”; and that “no law makes              
            anyone ‘liable’ for income taxes and no law required them                 
            ‘to pay’ income taxes and they have no income in the                      
            ‘constitutional sense’.”  We reject these arguments as                    
            patently spurious.  See, e.g., Jacobs v. Commissioner,                    
            100 Fed. Appx. 126 (3d Cir. 2004) (per curiam).                           
                 Finally, we note that petitioner has failed to assign                
            error to any of the additions to tax determined by                        
            respondent in the notice of deficiency.  Accordingly,                     
            petitioner is deemed to have conceded the additions to tax                
            determined by respondent.  See Swain v. Commissioner, 118                 
            T.C. 358, 363 (2002).                                                     
                 On the basis of our review of the entire record in                   
            this case, we find no abuse of discretion in respondent’s                 
            determination to proceed with collection with respect to                  




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