Kenneth W. Guthrie - Page 10

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          petitioner may have received, a minimal amount of research would            
          have demonstrated the frivolousness of his arguments and that               
          these arguments repeatedly have been rejected by the courts.                
          See, e.g., Brunner v. Commissioner, T.C. Memo. 2004-187, affd.              
          per curiam __ Fed. Appx. __ (3d Cir., July 21, 2005).                       
          Furthermore, petitioner admitted that the joint returns for the             
          prior years 1998 and 1999 were accurate and correct.  This                  
          admission conflicts with his alleged “beliefs” as to filing                 
          returns for 2000 and 2001.                                                  
               At trial, the Court advised and admonished petitioner that             
          the Court, the U.S. Court of Appeals for the Fifth Circuit, and             
          the other U.S. Courts of Appeals previously and repeatedly had              
          rejected the arguments espoused by petitioner and had ruled that            
          his arguments were frivolous.  Petitioner stated that he was                
          aware that some of the arguments that he raised had been ruled on           
          and rejected by the courts.                                                 
               Having had the opportunity to observe petitioner, we find              
          petitioner’s claims that he did not “believe” he was required to            
          file returns, that he did not owe the deficiencies or additions             
          to tax, and that he relied on “experts” for the years in issue              
          not credible.  Petitioner’s failure to file was not due to                  
          reasonable cause; his failure to file was due to willful neglect.           
          Accordingly, we sustain respondent’s determinations that                    







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