Lawrence Horowitz - Page 4

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          groundless, and frivolous.  Section 1 imposes an income tax on              
          petitioner’s taxable income.  Section 63 defines taxable income             
          as gross income minus deductions.  Section 61 defines gross                 
          income as including wages and the other categories of receipts              
          admitted by petitioner.  Arguments to the contrary have been                
          consistently rejected and characterized as frivolous in                     
          innumerable cases.  No further discussion of them is merited.               
          See Connor v. Commissioner, 770 F.2d 17, 20 (2d Cir. 1985); Crain           
          v. Commissioner, 737 F.2d 1417, 1418 (5th Cir. 1984); Cabirac v.            
          Commissioner, 120 T.C. 163, 167 (2003).  Petitioner’s arguments             
          concerning respondent’s procedures are similarly frivolous and              
          lacking in merit.                                                           
               Section 6673 provides:                                                 
               SEC. 6673(a).  Tax Court Proceedings.--                                
                    (1) Procedures instituted primarily for delay,                    
               etc.--Whenever it appears to the Tax Court that--                      
                         (A) proceedings before it have been                          
                    instituted or maintained by the taxpayer primarily                
                    for delay,                                                        
                         (B) the taxpayer’s position in such                          
                    proceeding is frivolous or groundless, or                         
                         (C) the taxpayer unreasonably failed to                      
                    pursue available administrative remedies,                         
               the Tax Court, in its decision, may require the                        
               taxpayer to pay to the United States a penalty not in                  
               excess of $25,000.                                                     
          Notwithstanding prior warnings, petitioner has been undeterred.             
          A penalty shall be awarded to the United States in each of these            





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