The 11th Circuit rejected this rivalry as frivolous. Sumter v. United States, sixty one Fed. Cl. 517 (2004) – the courtroom discovered Ms. Sumter’s “declare of proper” argument “devoid of any benefit” stating that part 1341 solely applies to situations during which the claimant is compelled to return the taxed merchandise due to a mistaken presumption that the best held was unrestricted and, thus, the merchandise was beforehand reported, erroneously, as taxable income.
They argue instead that federal revenue taxes are excise taxes imposed solely on nonresident aliens and international companies for the privilege of receiving income from sources inside the United States. The premise for this argument is a misreading of sections 861, et seq., and 911, et seq., in addition to the regulations beneath those sections. These frivolous assertions are opposite to well-established legal precedent. Bonaccorso v. Commissioner, T.C. Memo. 2005-278, ninety T.C.M. (CCH) 554 (2005) – the taxpayer filed zero returns primarily based on the argument that he discovered no Code part that made him liable for any earnings tax.
The court held that the petitioner’s argument was frivolous, citing to section 1 (imposes an revenue tax), part 63 (defines taxable earnings as gross income minus deductions), and part 61 (defines gross earnings). The courtroom also imposed a $10,000 sanction underneath section 6673 for making frivolous arguments.
The charges for capital positive aspects taxes didn’t change in the tax law and remain lower than the charges for wage revenue. So individuals making money primarily off investments will … Read More