2003 Tax Ct. Memo LEXIS 309">*309 Judgment entered for respondent.
MEMORANDUM OPINION
GOLDBERG, Special Trial Judge: Respondent determined a deficiency in petitioner's Federal income tax of $ 2,301 for the taxable year 2000. Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the year in issue.
The issue for decision is whether petitioner is liable for the alternative minimum tax (AMT) in the amount determined by respondent.
Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference. Petitioner resided in Toledo, Ohio, on the date the petition was filed in this case.
Petitioner filed a Federal income tax return for taxable year 2000. As is relevant here, petitioner reported on his return gross income of $ 1,824 from a refund of taxes; a personal exemption deduction of $ 2,800; an itemized deduction of $ 5,445 for taxes paid; miscellaneous itemized deductions of $ 27,057 for unreimbursed employee business expenses; taxable income of $ 21,569; 2003 Tax Ct. Memo LEXIS 309">*310 and a tax liability of $ 3,236. Petitioner did not report AMT liability in any amount. In the notice of deficiency, respondent did not adjust any of the above items reported by petitioner. Respondent's sole adjustment was his determination that petitioner was liable for the AMT in the amount of $ 2,301.
We have reviewed respondent's calculation of the AMT imposed by
Taxable income reported by petitioner $ 21,569
Refunded taxes included in gross income by petitioner (1,824)
Exemption deduction claimed by petitioner 2,800
Miscellaneous itemized deductions claimed by petitioner 27,057
Itemized deduction for taxes paid claimed by petitioner 5,445
Alternative minimum taxable income under
Exemption amount pursuant to
Taxable excess under
Tentative minimum tax2003 Tax Ct. Memo LEXIS 309">*311 under
case equal to 26% of the taxable excess) 5,537
Regular tax under
AMT liability under
There are no facts relevant to this calculation other than those underlying the items that petitioner himself reported on his tax return. Thus, there are no disputed relevant facts.Petitioner has set forth various arguments as to why he should not be liable for the AMT. In these arguments, he calls into question the integrity and fairness of this Court, 1 and he makes various generalized assertions that respondent and the In1RS acted inappropriately, both with respect to him and with respect to society as a whole. We find these and the rest of petitioner's arguments2003 Tax Ct. Memo LEXIS 309">*312 to be unfounded and frivolous. Petitioner's legal arguments do little more than recite law or legal principle which is irrelevant, taken completely out of context, or otherwise misapplied. "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."
2003 Tax Ct. Memo LEXIS 309">*313 Nevertheless, we briefly address one aspect of petitioner's arguments. Throughout the trial and in petitioner's various documents filed in this Court, including his brief, petitioner focuses on his inability to conduct discovery in this case. Petitioner misunderstands the nature of discovery. The purpose of discovery in this Court is to ascertain facts which have a direct bearing on the issues before the Court, not to conduct a "fishing expedition".
We further conclude that Moore's arguments relating to
discovery and recusal of the tax court judge are without merit.
First, the determination of whether Moore is liable for payment
of an AMT is a legal question that is not dependent upon any
facts. Therefore, discovery of unspecified facts allegedly in
possession of2003 Tax Ct. Memo LEXIS 309">*315 the Commissioner is simply unnecessary in this
case. Second, Moore offers no facts or evidence to establish
that the impartiality of the tax court judge might reasonably be
questioned. Moore's subjective beliefs and the tax court's
adverse rulings in his case are insufficient to demonstrate that
the tax court judge was biased and prejudiced against him. * * *
In part because petitioner's appeal was not decided before the present case went to trial, we decline to require petitioner to pay a penalty under
To reflect the foregoing,
Decision will be entered for respondent.
1. The adjustments to taxable income required in this case to calculate alternative minimum taxable income are found, respectively, in
1. For example, petitioner asserts that respondent and the Court have engaged in improper ex parte communications in a collusive effort to undermine petitioner's case. Petitioner's primary support for this argument lies in two letters which Internal Revenue Service (IRS) Appeals officers sent to petitioner. The first letter notified petitioner that the IRS Appeals Office was reviewing his case, and the second letter requested that petitioner settle the case by signing a stipulated decision document. Because the letters were sent to petitioner after he filed the petition in this case (and because the second letter was dated on the same date as the Court's Notice Setting Case For Trial), petitioner interprets these letters to indicate the existence of ex parte communications. However, we find nothing in the letters suggesting ex parte communications; the letters merely represent a proper attempt by the IRS Appeals Office to resolve this case before trial.↩