- 5 - individual, or in a self-employed activity. Petitioner’s protester arguments have been heard on numerous occasions by this Court, as well as other courts, and have been consistently rejected. The Court sees no need to further respond to petitioner’s arguments with somber reasoning and copious citations of precedent, as to do so might suggest that his argument possesses some degree of colorable merit. See Crain v. Commissioner, 737 F.2d 1417 (5th Cir. 1984). In short, petitioner is a taxpayer subject to the income tax laws, and he is liable for income tax on the compensation and other income paid to him during the years in question, none of which was questioned or denied. His arguments are rejected. Although not addressed by petitioner at trial, his gross income for 2001 includes the distribution to him of proceeds of a qualified pension plan. Sec. 72. Petitioner did not deny that he received the distribution, and he presented no argument relating thereto. As noted earlier, the Court considers that income adjustment as conceded. With respect to the second issue, section 6651(a)(1) provides for an addition to tax in the event a taxpayer fails to file a timely return (determined with regard to any extension of time for filing), unless it is shown that such failure is due to reasonable cause and not due to willful neglect. Petitioner’s 2001 return was received by respondent on April 30, 2002. HisPage: Previous 1 2 3 4 5 6 7 8 9 Next
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