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Why did not the IRS Commissioner's defenses collapse before this argument?
Petitioner did not file a petition with the Court with respect to the notice of deficiency relating to his taxable years 1998 and 1999. Instead, on December 17, 2001, in response to that notice, petitioner sent a letter to Charles O. Rossotti, who was at the time the Commissioner of the Internal Revenue. That letter stated in pertinent part:As the new Commissioner of Internal Revenue and one who is not a lawyer, you might still be shocked to discover that the payment of income tax is totally voluntary, and not mandatory - as you were probably misled to believe while employed in the private sector. If you don’t believe me, ask your legal counsel to show you a Code Section that established a "liability" for income taxes and a requirement "to pay" such a tax * * *.
Shockingly, the Commissioner failed to take this revelation to heart, and the Tax Court was likewise unpersuaded.
Cite: Synder v. Commissioner, T.C. Memo. 2005-89
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