- 4 - determined that petitioner is liable for an addition to tax under section 6654(a) of $431. On September 7, 2004, petitioner filed his petition with this Court contesting respondent’s determinations reflected in the notice of deficiency. OPINION A. Petitioner’s Federal Income Tax Deficiency Respondent determined a deficiency of $12,899 in petitioner’s 2002 Federal income tax. Petitioner bears the burden of proving respondent erred in making this determination. See Rule 142(a). Throughout these proceedings, petitioner has presented tax- protester arguments, including: (1) He is not a taxpayer; (2) respondent has no jurisdiction over him; (3) respondent lacks authority to assert income tax deficiencies; (4) respondent failed to provide him with the “most basic ‘DUE PROCESS’ protections as provided by both Federal (4th, 5th, 6th and 7th Amendments) and State Constitutions.” Petitioner’s assertions have been rejected by this Court and other courts, and “We perceive no need to refute these arguments with somber reasoning and copious citation of precedent; to do so might suggest that 3(...continued) respondent has conceded that petitioner is not liable for an addition to tax under sec. 6651(a)(2), the correct amount of the addition to tax under sec. 6651(a)(1) should be 25 percent of the deficiency, or $3,225. See infra p. 6.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011