T.C. Memo. 1998-88
UNITED STATES TAX COURT
JOSEPH T. MCQUATTERS, Petitioner v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 13260-96. Filed March 2, 1998.
Joseph T. McQuatters, pro se.
Edwina L. Charlemagne, for respondent.
MEMORANDUM OPINION
WOLFE, Special Trial Judge: This case was heard pursuant to
the provisions of section 7443A(b)(3) and Rules 180, 181, and
182. All section references are to the Internal Revenue Code in
effect for the tax year in issue, unless otherwise indicated.
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All Rule references are to the Tax Court Rules of Practice and
Procedure.
Respondent determined a deficiency in petitioner's 1988
Federal income tax in the amount of $4,965 and additions to tax
for failure to file timely a Federal income tax return pursuant
to section 6651(a)(1) in the amount of $1,241 and for failure to
pay estimated taxes pursuant to section 6654(a) in the amount of
$318.
We must decide the following issues:
1. Whether petitioner received nonemployee compensation in
the amount of $20,309 from Masterguard Corp. in 1988 as
determined by respondent. We hold he did.
2. Whether petitioner received interest income in the
amount of $128 from Lexington State Bank in 1988 as determined by
respondent. We hold he did.
3. Whether petitioner is liable for self-employment tax in
1988 in the amount of $2,644 as determined by respondent. We
hold he is.
4. Whether petitioner is liable for an addition to tax
under section 6651(a)(1) for failure to file an income tax
return. We hold he is.
5. Whether petitioner is liable for an addition to tax for
the failure to pay estimated tax as determined by respondent
under section 6654(a). We hold he is.
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6. Whether petitioner is liable for a penalty under section
6673(a). We hold he is and require him to pay to the United
States a penalty of $1,000.
Background
The evidence in this case consists of oral testimony by
petitioner and exhibits. At the trial of this case, despite this
Court's pretrial order that all facts be stipulated to the
maximum extent possible, petitioner refused to enter into a
stipulation of facts in this case.1
Petitioner, who resided in Columbia, South Carolina, when
his petition was filed, did not file a Federal income tax return
for the year 1988. On March 22, 1996, respondent issued a
statutory notice of deficiency for petitioner for 1988 based upon
Forms 1099 that respondent had received from Lexington State Bank
and Masterguard Corp. (Masterguard) reporting income paid to
petitioner during 1988. The Form 1099 from Lexington State Bank
reported interest paid to petitioner in the amount of $128 for
1
On May 15, 1997, respondent submitted a supplemental motion
to reopen the record in this case for the limited purpose of
receiving into evidence newly discovered evidence. We deny
respondent's motion because it is the policy of this Court to try
all the issues raised in a case in one proceeding to avoid
piecemeal and protracted litigation. Markwardt v. Commissioner,
64 T.C. 989, 998 (1975); Haft Trust v. Commissioner, 62 T.C. 145,
147 (1974).
At trial, respondent orally moved for dismissal on the
ground that petitioner had failed properly to prosecute this case
by failing to address the merits of the case and by refusing to
stipulate facts as required by the Court's pretrial order. We
decide the case for respondent on the merits, and respondent's
oral motion is denied as moot.
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1988. The Form 1099 from Masterguard reported nonemployee
compensation paid to petitioner in the amount of $20,309 for
1988. Petitioner contends that neither of the above-described
Forms 1099 is valid and that, therefore, the statutory notice of
deficiency itself is invalid. More specifically, petitioner
contends that the Form 1099 issued to him by Masterguard is
invalid because a portion of the amount Masterguard reported as
nonemployee compensation could have been for merchandise refunds.
Petitioner's memorandum and testimony both fail to address the
validity of the Form 1099 issued to him by Lexington State Bank.
In his memorandum and testimony, petitioner argues that no
section of the Internal Revenue Code requires him to pay income
tax. Petitioner states that he is "a Sovereign Citizen of the
South Carolina Republic". Petitioner's written and oral
explanations also include citations of a number of unrelated
sections of the Internal Revenue Code and the Uniform Commercial
Code that he contends provide a basis for his claim that he is
not liable for Federal income tax.
Masterguard is a wholesaler of early warning fire protection
equipment, which includes single station battery-operated smoke
detectors, single station mechanical heat detectors, and portable
fire extinguishers. Petitioner conceded at trial that he
purchased merchandise from Masterguard in 1988. According to
petitioner, he paid for any merchandise he received from
Masterguard upon receipt. However, petitioner also testified
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that he was unable to recall whether he resold the aforementioned
merchandise or gave it away; but he acknowledged that he might
have resold the merchandise to others. Respondent contends that
the types of transactions for which Masterguard might issue a
Form 1099 to an individual who purchases its merchandise include:
(1) Override payments made to an independent authorized dealer on
purchases made by other independent authorized dealers; and (2)
refunds for products purchased directly by the independent
authorized dealer. During cross-examination, petitioner
acknowledged that according to Masterguard, the company makes
override payments and also issues rebates to individuals who
purchase merchandise from Masterguard.
Petitioner claims that he is unable to recall from what
sources he received income in 1988 due to subsequent problems he
had with his health. Petitioner's only recollection of how he
earned a living in 1988 is that he's "been self-supporting since
I was about 14." Petitioner also claims to have no records
relating to any income he received in 1988. During cross-
examination petitioner asserted his Fifth Amendment rights and
refused to answer questions posed to him by respondent's counsel
concerning petitioner's marital status or whether petitioner has
any children.
Respondent determined that because of petitioner's receipt
of nonemployee compensation in the amount of $20,309 from
Masterguard in 1988, petitioner is subject to self-employment tax
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under section 1401. Petitioner asserts that he was not self-
employed in 1988 and therefore is not liable for the self-
employment tax.
Discussion
Petitioner invoked the jurisdiction of this Court by a
petition alleging that respondent had erred in determining income
tax deficiencies for petitioner for 1988. Petitioner, having
failed to file an income tax return for 1988, claimed he had no
records from 1988 to show to respondent, and he also refused
respondent's request to stipulate facts.
Respondent determined that petitioner received unreported
income in the amounts of $20,309 in nonemployee compensation from
Masterguard and $128 in interest income from Lexington State
Bank. Petitioner claims he is unable to remember how he
supported himself in 1988 but offered nothing into evidence that
would rebut respondent's determination that he received
nonemployee compensation from Masterguard and interest income
from Lexington State Bank.
A statutory notice of deficiency ordinarily carries with it
a presumption of correctness. Rule 142(a); Welch v. Helvering,
290 U.S. 111 (1933). Because of this presumption, taxpayers
generally, at least initially, have the burden of proof and the
burden of going forward with the evidence. Cebollero v.
Commissioner, 967 F.2d 986, 991 (4th Cir. 1992), affg. T.C. Memo.
1990-618.
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Petitioner asserts that respondent has not carried the
burden of proving the accuracy of the disputed Forms 1099.
Although petitioner argues that neither of the Forms 1099 is
valid, at trial, petitioner addressed only the validity of the
Form 1099 issued to him by Masterguard. For support, petitioner
cites section 6201(d) and claims that he has fully cooperated
with respondent by granting access to all records and information
for 1988 in his possession.
Section 6201(d), amended by section 602, Taxpayer Bill of
Rights 2, Pub. L. 104-168, 110 Stat. 1452, 1463 (1996), is
effective as of July 30, 1996. The petition was filed on June
24, 1996, and the trial in this case was held on February 5,
1997. We will assume arguendo that section 6201(d), as amended,
is applicable in this case. Section 6201(d) provides that if the
taxpayer, in a court proceeding, asserts a reasonable dispute
with respect to the income reported on an information return, and
fully cooperates with the Commissioner, then the Commissioner
shall have the burden of producing reasonable and probative
information in addition to the information return.2 See Dennis
2
Sec. 6201(d) provides:
SEC. 6201(d). Required Reasonable Verification of
Information Returns.--In any court proceeding, if a
taxpayer asserts a reasonable dispute with respect to
any item of income reported on an information return
filed with the Secretary * * * by a third party and the
taxpayer has fully cooperated with the Secretary
(including providing, within a reasonable period of
(continued...)
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v. Commissioner, T.C. Memo. 1997-275; Hardy v. Commissioner, T.C.
Memo. 1997-97. The legislative history of section 6201(d)
specifically refers to a situation where there is a dispute over
income and further states:
Fully cooperating with the IRS includes (but is not
limited to) the following: bringing the reasonable
dispute over the item of income to the attention of the
IRS within a reasonable period of time, and providing
(within a reasonable period of time) access to and
inspection of all witnesses, information and documents
within the control of the taxpayer (as reasonably
requested by the Secretary). [H. Rept. 104-506, at 36
(1996), 1996-3 C.B. 49, 84; emphasis added.]
Petitioner contends that the Form 1099 issued to him by
Masterguard is invalid because respondent is unable to determine
what portion of the amount reported as nonemployee compensation
was for override payments made to an independent authorized
dealer on purchases made by other independent authorized dealers,
and what portion was for merchandise refunds. Petitioner offered
no evidence or testimony regarding his argument that the Form
1099 issued to him by Lexington State Bank is invalid.
At trial, respondent introduced no evidence in response to
petitioner's contention that the Form 1099 from Masterguard was
2
(...continued)
time, access to and inspection of all witnesses,
information, and documents within the control of the
taxpayer as reasonably requested by the Secretary),
the Secretary shall have the burden of producing
reasonable and probative information concerning such
deficiency in addition to such information return.
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not accurate. However, the limited amount of petitioner's
testimony that did not consist of shopworn tax protester
arguments supports respondent's determination that petitioner did
in fact receive nonemployee income from Masterguard in 1988. In
his testimony, petitioner admitted that he purchased merchandise
from Masterguard in 1988 and that he might have resold this
merchandise to others. Petitioner acknowledged at trial that
Masterguard may pay rebates and overrides to individuals who
purchase merchandise from it. Petitioner admitted that he is not
an employee of Masterguard, so it would have been appropriate for
Masterguard to characterize the payments it made to petitioner as
nonemployee compensation.
Even if this Court were to find petitioner's dispute
reasonable, section 6201(d) clearly requires that in addition to
asserting a reasonable dispute with respect to any item of income
reported on an information return, the taxpayer must have fully
cooperated with the Commissioner before the burden of production
will shift to the Commissioner. The evidence in this case is
unequivocal that petitioner did not fully cooperate with
respondent as required by section 6201(d). First, we note that
petitioner failed to file an income tax return for 1988. As a
nonfiler, petitioner plainly did not bring his dispute over any
item of income to the attention of the IRS within a reasonable
period of time as contemplated by the terms and legislative
history of section 6201(d). Additionally, petitioner's behavior
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prior to and during the trial cannot be characterized as the
behavior of a taxpayer fully cooperating with the IRS. Prior to
the trial, in response to a letter from respondent's agent
requesting an appointment with petitioner to discuss petitioner's
1988 income tax liability, petitioner sent a document, dated
June 1, 1995, captioned "Certified Demand for Proof of
Jurisdiction" in which he challenged the jurisdiction of the
Internal Revenue Service over him and alleged that he is "a
Sovereign Citizen of the South Carolina Republic," but not "a
citizen of the United States subject to its jurisdiction." Then,
after receipt of respondent's report of Income Tax Examination
Changes, Form 4549, petitioner returned the Form 4549 to the IRS
district director in Doraville, Georgia, and declared in the
accompanying letter dated December 8, 1995, that he was a
"Nonimmigrant/Nonresident Alien Nontaxpayer". Petitioner's
December 8, 1995, letter to the district director included
numerous citations of the Uniform Commercial Code that have no
relevance to this case.
On the basis of the evidence before us, we conclude that
petitioner has not asserted a "reasonable dispute with respect to
any item of income" that was reported to respondent as having
been paid to and/or earned by petitioner and has not shown that
he "fully cooperated" with respondent. See Dennis v.
Commissioner, supra; Hardy v. Commissioner, supra. Therefore,
the burden of going forward and producing "reasonable and
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probative information" concerning the deficiency beyond the
information return has not shifted to respondent. Petitioner is
a nonfiler and a typical tax protester. When petitioner's
nonfiling status was brought to the attention of respondent
through information returns filed by unrelated third parties,
petitioner responded with classic tax protester arguments, and to
the extent possible, stonewalled respondent by refusing to
provide any information or records concerning his income in 1988.
Section 6201(d) does not provide a means for a taxpayer to avoid
his Federal income tax liabilities by failing to file a tax
return, refusing to provide any information to the Commissioner
or the Court, and refusing to provide any records concerning his
income. Respondent's determinations concerning petitioner's 1988
income from self-employment and interest are sustained.
In the statutory notice of deficiency, respondent determined
that in 1988 petitioner received unreported nonemployee
compensation from Masterguard in the amount of $20,309, which was
subject to self-employment tax. Section 1401 imposes a tax on
the "self-employment income" of every individual. "Self-
employment income" is defined generally in section 1402(b) as
"the net earnings from self-employment derived by an individual *
* * during any taxable year". Section 1402(a) defines the term
"net earnings from self-employment" as the "gross income derived
by an individual from any trade or business carried on by such
individual, less the deductions allowed by this subtitle which
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are attributable to such trade or business". Section 1.1402(a)-
2(b), Income Tax Regs., provides that "The trade or business must
be carried on by the individual, either personally, or through
agents or employees." See also S. Rept. 1669, 81st Cong., 2d
Sess. (1950), 1950-2 C.B. 302, 354. These provisions are to be
broadly construed to favor treatment of income as earnings from
self-employment. Hornaday v. Commissioner, 81 T.C. 830, 834
(1983). Respondent's determination that petitioner is liable for
self-employment tax is presumed to be correct, and petitioner
bears the burden of proving it is erroneous. Rule 142(a); Kasey
v. Commissioner, 33 T.C. 656, 660 (1960); Ahmad v. Commissioner,
T.C. Memo. 1997-85.
At trial, petitioner testified that he was "self-supporting"
and that he was not an employee of Masterguard. Petitioner
offered no other evidence as to how he supported himself during
1988, the year in issue. Therefore, we hold that petitioner has
not met his burden of proving that respondent's determination is
incorrect and hold petitioner liable for self-employment tax on
the unreported income as determined by respondent for 1988.
Section 6651(a) imposes an addition to tax for a taxpayer's
failure to file a required return on or before the specified
filing date, including extensions. The addition to tax is
inapplicable, however, if the taxpayer shows that the failure to
file the return was due to reasonable cause and not willful
neglect. Sec. 6651(a)(1).
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Petitioner did not file an income tax return for 1988. The
reasons given by petitioner for his failure to file are wholly
frivolous and are similar to the rejected arguments of other
taxpayers who have previously petitioned this Court in protest of
their liability for Federal income tax. Petitioner's assertions
in this case are characteristic of the tax-protester rhetoric
that has been universally rejected. See, e.g., Rowlee v.
Commissioner, 80 T.C. 1111, 1120 (1983); Frami v. Commissioner,
T.C. Memo. 1997-509. Petitioner attempted to support these
arguments by reference to statutes, regulations, and cases that
are related to each other only in the sense that they all involve
issues of taxation. Petitioner's arguments are without merit and
lack factual and legal foundation. We are not obligated to
review exhaustively and rebut petitioner's misguided contentions.
Crain v. Commissioner, 737 F.2d 1417, 1417 (5th Cir. 1984) ("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."); accord Kish v.
Commissioner, T.C. Memo. 1998-16. Petitioner's arguments are not
adequate to show reasonable cause. Accordingly, we sustain the
additions to tax for delinquent filing as determined by
respondent.
Respondent also determined that petitioner was liable for
additions to tax under section 6654(a) for failure to pay
estimated tax for 1988. Where payments of tax, either through
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withholding or by making estimated quarterly tax payments during
the course of the year do not equal the percentage of total
liability required under the statute, imposition of the addition
to tax under section 6654 is automatic, unless the taxpayer shows
that one of the statutory exceptions applies. Sec. 6654(a);
Niedringhaus v. Commissioner, 99 T.C. 202, 222 (1992);
Grosshandler v. Commissioner, 75 T.C. 1, 20-21 (1980).
Petitioner bears the burden of showing qualification for such an
exception. Habersham-Bey v. Commissioner, 78 T.C. 304, 319-320
(1982). Petitioner offered no testimony or other evidence that
an exception applies, and petitioner did not make any estimated
tax payments for 1988. Accordingly, we hold that petitioner is
liable for the addition to tax under section 6654(a) for 1988.
As to respondent's motion for imposition of a penalty under
section 6673, section 6673(a)(1) allows this Court to award a
penalty not in excess of $25,000 when proceedings have been
instituted or maintained primarily for delay, or where the
taxpayer's position is frivolous or groundless if it is contrary
to established law and unsupported by a reasoned, colorable
argument for a change in the law. Coleman v. Commissioner, 791
F.2d 68, 71 (7th Cir. 1986); Kish v. Commissioner, supra; Talmage
v. Commissioner, T.C. Memo. 1996-114, affd. without published
opinion 101 F.3d 695 (4th Cir. 1996). In our opinion, such is
the case here, and we believe that a penalty is appropriate. We
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will require petitioner to pay a $1,000 penalty under section
6673(a).
To reflect the foregoing,
An appropriate order and
decision will be entered.