Patrick J. McGowan - Page 4

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          Commissioner’s burden of production is to produce evidence that             
          it is appropriate to impose the relevant penalty, addition to               
          tax, or additional amount.  Higbee v. Commissioner, 116 T.C. 438,           
          446 (2001).  The Commissioner, however, does not have the                   
          obligation to introduce evidence regarding reasonable cause.  Id.           
          at 446-447.                                                                 
               Gross income means income from whatever source derived                 
          including compensation for services and unemployment                        
          compensation.  Sec. 61(a)(1); George v. Commissioner, T.C. Memo.            
          2006-121.  At trial, petitioner’s contentions consisted of                  
          nothing but frivolous tax protester arguments.  Petitioner                  
          repeatedly asked what section of the Internal Revenue Code                  
          required him to pay tax.  Petitioner testified that he worked for           
          Sprint, Janus, and Merrill Lynch, that he earned wages from each            
          of those employers, and that he applied for unemployment                    
          compensation.  Petitioner further testified:  “I’m assuming, in             
          hindsight, that I must have been paid.”  Petitioner disputed,               
          however, that he ever received income.  When respondent asked               
          petitioner how he supported himself, petitioner testified:  “I              
          worked for a company that paid me wages that were not part of any           
          income as I know income.”  Petitioner’s argument that there is no           
          Code section requiring him to pay tax has been rejected by every            
          court that has addressed the issue and is the type of frivolous             







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