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capital value of labor is equal to the value of wages and
therefore wages do not constitute income or create a zero gain.
We warned petitioner at calendar call in Columbia, Tennessee
(Nashville session) and also during trial that, if he continued
to raise the type of arguments he was advancing, he was at risk
of having a penalty under section 6673 imposed. He persisted in
advancing these arguments at trial. The Court again warned
petitioner in a written order dated June 7, 2005, regarding
additional submissions petitioner sent the Court after trial.
OPINION
Petitioner raises the same issues here as he did in docket
No. 7178-03 regarding 2000 on whether what he filed constituted a
valid return, whether the pension distributions and Social
Security benefits he received were taxable, and whether he is
liable for the estimated tax addition. We issued an opinion on
July 19, 2005, in which we discussed in length all these issues
and petitioner’s arguments. Lange v. Commissioner, T.C. Memo.
2005-176. Because these issues in Lange are the same here, our
holdings on these issues apply here. Take v. Commissioner, T.C.
Memo. 1985-388 (holding in a prior opinion on the same issue
applies to the later year); Frazier v. Commissioner, T.C. Memo.
1979-515 (same), affd. 638 F.2d 63 (8th Cir. 1981). We briefly
discuss these issues.
There are two additional issues we must also determine here
that were not raised in Lange. First, we must decide whether
petitioner may claim itemized deductions if his wife filed a
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