Thomas Greendyk - Page 6

                                        - 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