Kenneth W. Guthrie - Page 8

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          establish that such failure is due to reasonable cause and not              
          due to willful neglect.                                                     
               Petitioner admitted that he did not file returns for 2000              
          and 2001.  Individuals are required to file a Federal income tax            
          return on or before April 15, following the close of the calendar           
          year.  Sec. 6072(a).  Accordingly, respondent has met his burden            
          of production on this issue.                                                
               Petitioner claimed he did not “believe” he was required to             
          file returns.  Petitioner claimed he “believed” that he did not             
          owe the deficiencies or additions to tax for the years in issue.            
          Petitioner’s alleged basis for these claims was:  (1) The filing            
          of income tax returns is voluntary and not mandatory, (2) no part           
          of the Code provides a requirement to file returns or pay income            
          tax, (3) requiring individuals to file tax returns forces them to           
          waive their Fifth Amendment rights, (4) the 16th Amendment was              
          never legally ratified, and (5) petitioner sought the advice of             
          alleged experts and purportedly relied on their advice for his              
          beliefs.                                                                    
               Petitioner relies on his own testimony.  The Court is not              
          required to accept petitioner’s unsubstantiated testimony.  See             
          Wood v. Commissioner, 338 F.2d 602, 605 (9th Cir. 1964), affg. 41           
          T.C. 593 (1964).  The Court need not accept at face value a                 
          witness’s testimony that is self-interested or otherwise                    
          questionable.  See Archer v. Commissioner, 227 F.2d 270, 273 (5th           






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