McFarland v. Commissioner

1986 T.C. Memo. 352, 52 T.C.M. 68, 1986 Tax Ct. Memo LEXIS 250
CourtUnited States Tax Court
DecidedAugust 6, 1986
DocketDocket No. 17969-85.
StatusUnpublished

This text of 1986 T.C. Memo. 352 (McFarland v. Commissioner) is published on Counsel Stack Legal Research, covering United States Tax Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McFarland v. Commissioner, 1986 T.C. Memo. 352, 52 T.C.M. 68, 1986 Tax Ct. Memo LEXIS 250 (tax 1986).

Opinion

JAMES E. MCFARLAND, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
McFarland v. Commissioner
Docket No. 17969-85.
United States Tax Court
T.C. Memo 1986-352; 1986 Tax Ct. Memo LEXIS 250; 52 T.C.M. (CCH) 68; T.C.M. (RIA) 86352;
August 6, 1986.
James E. McFarland, pro se.
Christine V. Olsen, for the respondent.

PATE

MEMORANDUM OPINION

PATE, Special Trial Judge: This*252 case 1 was heard pursuant to the provisions of section 7456(d)(3) 2 and Rules 180, 181 and 182. 3

Respondent determined deficiencies in petitioner's Federal income tax as follows:

19811982
Income Tax$11,889.00$2,812.00
Additions to Tax
6651(a)(1)2,952.10703.00
6653(a)(1)594.45140.00
6653(a)(2)50% of50% of
interestinterest
due ondue on
$11,889.00$2,812.00

The issues for our decision are (1) whether petitioner is liable for income taxes on the income reflected in the notice of deficiency, (2) whether petitioner is liable for additions to tax under section 6651(a) and section 6653(a), and (3) whether we should award damages under section 6673.

Petitioner, James E. McFarland resided in Newberg, *253 Oregon at the time his petition was filed. Respondent determined that during 1981 and 1982 petitioner should have reported income from the following sources in the amounts listed below.

YEARSOURCEAMOUNT
1981Allegheny Industries$ 1,672.00
Lord Electric Co.12,199.00
Rosendin Electric4,213.00
Electrical Constr.14,224.00
National Industries, Inc.10.40
State of Oregon Unemployment2,760.00
Total$35,078.40
YEARSOURCEAMOUNT
1982James Electric, Inc.$ 872.00
McCoy Electric Co.915.00
Sunset Electric Co.934.00
Sutherland Electric Co.6,635.00
Bohm Electric, Inc.821.00
Jagger Stroufe Co.821.00
National Industries, Inc.23.00
State of Oregon Unemployment5,016.00
Total$16,037.00

With one exception, 4 petitioner does not dispute that he received income from the above listed sources during the years in issue. However, petitioner asserts that he was not required to file an income tax return or pay any tax because he neither had a "contract" with the Internal Revenue Service requiring him to pay such tax, nor does he come within the meaning of "taxpayer" for purposes of Title*254 26 of the U.S. Code.

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Bluebook (online)
1986 T.C. Memo. 352, 52 T.C.M. 68, 1986 Tax Ct. Memo LEXIS 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcfarland-v-commissioner-tax-1986.