Scott A. Lewis - Page 6

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               notice of deficiency, nor any underlying liability                     
               determined by 26 U.S.C. �� 6012 or 6020(b).                            
               121.  The Petitioner is not liable for any increase in                 
               tax of $9,619.40 for tax year 2003, pursuant to 44                     
               U.S.C. � 3512.                                                         
               122.  The Petitioner is not liable for a penalty at 26                 
               U.S.C. � 6651(a)(2) in the amount of $529.07 for tax                   
               year 2003, pursuant to 44 U.S.C. � 3512.                               
               123.  The Petitioner is not liable for a penalty at 26                 
               U.S.C. � 6651(a)(1) in the amount of $2,164.37 for tax                 
               year 2003, pursuant to 44 U.S.C. � 3512.                               
               124.  The Petitioner is not liable for a penalty at 26                 
               U.S.C. � 6654 in the amount of $248.21 for tax year                    
               2003, pursuant to 44 U.S.C. � 3512.                                    
               125.  The Petitioner is not liable for interest under                  
               IRC 6601 in the amount of $594.47 for tax year 2003,                   
               pursuant to 44 U.S.C. � 3512.                                          
               126.  The Petitioner is not liable for total                           
               deficiencies in the amount of $13,155.51 for tax year                  
               2003, pursuant to 44 U.S.C. � 3512.                                    
               127.  Conversely, the Respondent is liable to                          
               Petitioner for an amount in excess of $2,500 as                        
               reimbursement of any administrative costs, court costs                 
               and any other expenses Petitioner has expended by                      
               reason of Respondent’s erroneous determination.                        
                                                                                     
               Petitioner failed to submit to the Court a pretrial                    
          memorandum as required by the Court’s standing pretrial order.              
          On the day of trial, the Court filed respondent’s motion for                
          sanctions pursuant to section 6673.  Petitioner failed to testify           
          at trial and rested his case after his opening statement.                   
                                       OPINION                                        
          1.   Unreported Income                                                      
               Section 61(a) provides that “gross income means all income             
          from whatever source derived”.  Gross income is an inclusive term           
          with broad scope, designed by Congress to “exert * * * ‘the full            
          measure of its taxing power.’”  Commissioner v. Glenshaw Glass              






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Last modified: May 25, 2011