Larry J. and Anita L. Lundgren - Page 8

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          and caretakers of land owned by Lucky Kirt Trust, not owners of             
          or in control of any Lucky Kirt Trust assets or income.                     
          Petitioners assert that the period of limitations for attacking             
          the validity of the Lucky Kirt Trust expired in 1994, that the              
          income tax is one of voluntary self-assessment and they have                
          correctly self-assessed and paid, that the revenue agent exceeded           
          her authority, and that this Court has no jurisdiction to decide            
          these cases.6  Therefore, petitioners conclude there are no                 
          penalties due from petitioners for the taxable years in issue.              
               Respondent asserts that petitioners earned income through              
          the sham Lucky Kirt Trust and that the Lucky Kirt Trust should be           
          disregarded for tax purposes due to its lack of economic                    
          substance.  Thus, the income from Lucky Kirt Trust should be                
          attributed to petitioners, and as a result, petitioners also have           
          a capital gain in 2001 and are liable for self-employment taxes             
          for all the years in issue.  Morever, respondent contends that              
          petitioners’ defenses to the deficiencies and penalties comprise            
          only self-serving testimony and tax protester arguments.                    


               6 Petitioners’ arguments are frivolous.  Respondent timely             
          issued the notices of deficiency in these cases in accordance               
          with the statute of limitations.  Petitioners’ arguments                    
          regarding the legitimacy of the Federal income tax system have              
          been universally rejected as frivolous and warrant no further               
          comment.  See  Crain v. Commissioner, supra at 1417-1418 (“We               
          perceive no need to refute these arguments with somber reasoning            
          and copious citation of precedent; to do so might suggest that              
          they have some colorable merit.”).  In the instant cases, the Tax           
          Court has exclusive jurisdiction over petitioners’ disputed                 
          income taxes.  See sec. 6214(a); Marino v. Brown, 357 F.3d 143,             
          145 n.5 (1st Cir. 2004).                                                    



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