IRS publishes new list of arguments = $5,000 penalty

[Demosthenes]

Issue Number: N-2008-14
Inside This Issue
________________________________________
Notice 2008-14 lists positions identified as frivolous for purposes of the penalty under section 6702 of the Code for filing a frivolous tax return or submitting to the IRS a frivolous request for a collection due process hearing or application for an installment agreement, offer-in-compromise, or Taxpayer Assistance Order. Taxpayers who file a tax return or make a submission based on a position listed in this notice are subject to a $5,000 penalty. This notice adds to the positions listed in Notice 2007-30, 2007-14 I.R.B. 883. The positions that have been added are found in paragraphs 9(g), 11, 14, and 25.

http://www.irs.gov/pub/irs-drop/n-08-14.pdf

[LPC]

The positions that have been added are found in paragraphs 9(g), 11, 14, and 25.

So that not everyone has to look:

g. The Ninth Amendment exempts those with religious or other objections to military spending from paying taxes to the extent the taxes will be used for military spending.

[...]

(11) Only fiduciaries are taxpayers, or only persons with a fiduciary relationship to the United States are obligated to pay taxes, and the United States or the Service must prove the fiduciary status or relationship.

[...]

(14) A taxpayer who is employed on board a ship that provides meals at no cost to the taxpayer as part of the employment may claim a so-called “Mariner’s Tax Deduction” (or the like) allowing the taxpayer to deduct from gross income the cost of the meals as an employee business expense.

[...]

(25) A taxpayer may claim the section 6421 fuels tax credit, which is limited to gasoline used in an off-highway business use, even though the taxpayer did not purchase and use gasoline during the taxable period for which the credit is claimed for an off-highway business use. Also, if the taxpayer claims an amount of credit that is so disproportionately excessive to any (including zero) business income reported on the taxpayer’s income tax return as to be patently unallowable (e.g., a credit that is 150 percent of business income reported on Form 1040) or facially reflects an impossible quantity of gasoline given the business use, if any, as reported by the taxpayer.

I love the "only fiduciaries are taxpayers" argument, because it is the complete opposite of the "pure trust" argument.

Which is another example of something I've said before, which is that for every crazy tax denier argument, there is another crazy argument that is the complete opposite.

[Demosthenes]

Reminds of one of Snipes most recent filings. His attorney is really really concerned that "jury nullification" will take place in the Snipes criminal trial, and that he'll be found guilty because of who is, instead of what he's done. Ah, the irony...

[Famspear]

[ . . . ] and that he'll be found guilty because of who is, instead of what he's done.

Well, come to think of it, my wife and I both I found the first half of "Mo' Better Blues" to be so boring we never finished watching the DVD. But I think that was mainly Spike Lee's fault.

But, I digress.