- 6 - investments for taxable year 2000. The filing threshold for spouses filing a joint return for taxable year 2000 was $12,950.7 Petitioner’s gross income exceeded the filing threshold for the 2000 taxable year, and petitioner was, therefore, required to file an income tax return.8 C. Petitioner’s Taxable Income Petitioner did not attend the trial, nor did he file any briefs with the Court in support of his position. While petitioner’s counsel was present at trial to represent petitioner, neither petitioner nor petitioner’s counsel offered any reason for petitioner’s absence. Presumably, many facts relevant to a determination of petitioner’s taxable income would be peculiarly within petitioner’s personal knowledge and purview. The fact that petitioner did not appear at trial and did not call any witnesses or present any evidence is an indication that any facts which could have been presented by him at trial would have 7 Although petitioner does not allege that he was married at the end of 2000, petitioner indicated that his marital status on his Form W-4, Employee’s Withholding Allowance Certificate, for 2001 was married. In any case, the filing threshold for 2000 for the single filing status and married filing separately filing status were even lower, $7,200 and $2,800, respectively. 8 In the “Affidavit Statement”, contained in the record, petitioner makes reference to the constitutionality of the filing requirement. Our tax system, the Code, and the Tax Court have been firmly established as constitutional. Crain v. Commissioner, 737 F.2d 1417, 1417-1418 (5th Cir. 1984); Ginter v. Southern, 611 F.2d 1226, 1229 (8th Cir. 1979); Rev. Rul. 2005-19, 2005-14 I.R.B. 819.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011