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petitioner’s receipt of sale proceeds from his sale of CitiGroup,
Inc. stock is gross income to the extent the amount realized
exceeded his basis. See sec. 1.61-7, Income Tax Regs.
Petitioner failed to offer any evidence of his basis in the sold
stock, and respondent correctly included the full amount in
petitioner’s gross income. Petitioner also failed to show the
date on which he purchased the stock and thus cannot benefit from
the applicable long-term capital gains rate.
B. Compliance With the Federal Income Tax Is Not
Voluntary
A Federal income tax is imposed on the taxable income of
every married individual who does not make a single joint return
with his spouse. Sec. 1(d). Section 6011(a) provides that any
person liable “for any tax imposed by this title * * * shall make
a return or statement according to the forms and regulations
prescribed by the Secretary.” Section 6012, entitled “Persons
Required To Make Returns Of Income”, provides that an individual
possessing gross income for a taxable year in excess of a
specified amount shall file a tax return. Numerous courts have
held that the payment of Federal income taxes is not voluntary.
United States v. Schiff, 876 F.2d 272, 275 (2d Cir. 1989)
(stating the “average citizen knows that the payment of income
taxes is legally required”); Wilcox v. Commissioner, 848 F.2d
1007, 1008 (9th Cir. 1988), affg. T.C. Memo. 1987-225; McLaughlin
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