Michael T. Crow - Page 6

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          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.  His              





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