Charles E. Lewis - Page 4

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          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.                                     





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