- 8 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011