William M. Smith - Page 4




                                        - 4 -                                         
          petitioner’s receipt of the $270 in 2002.  Therefore, this Court            
          finds petitioner received $270 of income from the Hawaii Public             
          Employees Health Fund in 2002.                                              
               Petitioner also asserted he was not liable for the                     
          deficiencies, making tax-protester arguments including:  (1) He             
          is not a taxpayer; (2) respondent has no jurisdiction over him;             
          and (3) respondent lacks authority to assert income tax                     
          deficiencies.  Petitioner’s assertions have been rejected by this           
          Court and other courts, and “We perceive no need to refute these            
          arguments with somber reasoning and copious citation of                     
          precedent; to do so might suggest that 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).  This              
          Court rejects petitioner’s tax-protester arguments as frivolous             
          and without merit.                                                          
               Respondent determined that petitioner is liable for                    
          additions to tax under section 6651(a)(1) for failure to file an            
          income tax return for 2002 and under section 6654(a) for failure            
          to make estimated tax payments for 2002.  Respondent bears the              
          burden of production with respect to petitioner’s liability for             







Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 10, 2007