Charles E. Lewis - Page 5

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          these arguments have some colorable merit.”  Crain v.                       
          Commissioner, 737 F.2d 1417, 1417 (5th Cir. 1984); see, e.g.,               
          Wetzel v. Commissioner, T.C. Memo. 2005-211 (rejecting as                   
          frivolous the argument that the taxpayer was not a taxpayer);               
          Nunn v. Commissioner, T.C. Memo. 2002-250 (rejecting as without             
          merit the argument that the Commissioner had no jurisdiction over           
          the taxpayer or his documents).  We reject petitioner’s tax-                
          protester arguments as frivolous and without merit.4                        
               Under Rule 91(f), it was deemed stipulated that petitioner             
          received $7,371 of wage income, $12,315 of interest income, and             
          $35,999 from early retirement plan distributions.  It was further           
          stipulated that petitioner did not meet any of the exceptions to            
          the 10-percent additional tax imposed by section 72(t) on the               
          early distributions.  Petitioner has presented no evidence that             
          indicates respondent’s determination is incorrect.  Therefore, we           
          hold that petitioner has a Federal income tax deficiency of                 
          $12,899 for 2002.                                                           







               4  Petitioner also argued that he was “improperly denied a             
          collections due process hearing”.  This argument likewise has no            
          merit.  Petitioner filed his petition in response to the notice             
          of deficiency, and respondent has not taken any collection                  
          action.  Thus, petitioner is not entitled to a collection hearing           
          at this point.  See secs. 6320, 6330.                                       





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