- 8 - income totaling $41,075 from self-employment for 2001.5 The filing thresholds for a taxpayer filing as a single person, for taxable years 1998 and 2001, were $6,950 and $7,450, respectively. Petitioner’s gross income in 1998 and 2001 exceeded these filing thresholds, and petitioner was, therefore, required to file an income tax return. C. Petitioner’s Taxable Income Petitioner did not present any witnesses in support of his position, nor did he address his underlying tax liability either at trial or on brief. Instead, petitioner reiterated his position that he was not liable for an income tax because he was not satisfied that there was any law that required him to pay an income tax. 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 offer any evidence regarding his taxable income and did not call any witnesses is an indication that any facts which could have been presented by him at trial would have been unfavorable to his position. See McKay v. Commissioner, 886 F.2d 1237, 1238 (9th Cir. 1989), affg. 89 T.C. 1063 (1987); Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 5 Although the parties agreed to a lesser deficiency than the $10,872 amount determined in the notice of deficiency for 2001, this adjustment did not affect petitioner’s total gross income for 2001.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011