Du Bois v. Commissioner

1980 T.C. Memo. 143, 40 T.C.M. 263, 1980 Tax Ct. Memo LEXIS 446
United States Tax Court·Decided April 24, 1980·No. Docket No. 10644-78.·Unpublished

Opinion

PAUL G. DUBOIS and MARY G. DUBOIS, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Du Bois v. Commissioner
Docket No. 10644-78.
United States Tax Court
T.C. Memo 1980-143; 1980 Tax Ct. Memo LEXIS 446; 40 T.C.M. (CCH) 263; T.C.M. (RIA) 80143;
April 24, 1980, Filed

*446 (1) At trial, Ps filed a motion for summary judgment contending that the deficiencies determined by the Commissioner ought not to be sustained since IRS was guilty of improper conduct toward Ps and since the Fifth Amendment to the U.S. Constitution permitted Ps to refuse to report their incomes.Ps offered no evidence to refute the deficiencies. Held, Ps' motion denied since Ps failed to prove misconduct, since such misconduct, if proved, would not affect the deficiencies, and since the Fifth Amendment does not permit Ps to refuse to report their incomes. Held, further, the deficiencies are sustained since Ps failed to carry their burden of disproving them.

(2) Held, Ps were each liable for an addition to tax under sec. 6651(a), I.R.C. 1954, since they filed no returns for 1976 and showed no reasonable cause for their failure to file.

(3) Held, Ps were each liable for an addition to tax under sec. 6653(a), I.R.C. 1954, since they failed to show that their underpayments of tax were not due to negligence or to intentional disregard of rules and regulations.

(4) Held, Ps were each liable for an addition to tax under sec. 6654, I.R.C. 1954, since they failed*447 to show that they did not underpay their estimated tax.

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Du Bois v. Commissioner, 1980 T.C. Memo. 143, 40 T.C.M. 263, 1980 Tax Ct. Memo LEXIS 446 (tax 1980).

1980 T.C. Memo. 143 (Du Bois v. Commissioner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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