Two inevitabilities in life: death and taxes.

Double Taxation: A Take On All Things Taxes

Despite driving a truck for a living, Kevin Holloway was confident he knew the ins and outs of the Constitution. And nowhere on that sacred parchment, Holloway would have you believe, is the IRS granted permission to levy and collect income taxes from U.S. citizens.

Holloway was so certain of this fact, he not only failed to file a tax return for the 2002-2006 tax years, he took a proactive approach to tax evasion by writing letters to the IRS explaining that his wage income was not taxable under his read of the Constitution. The Service’s failure to respond, argued Holloway, validated his position.

The IRS, quite obviously, disagreed with Holloway’s take on its powers, and recreated his returns for the years at issue using the W-2 he received from his employer, resulting in a tax deficiency and associated penalties in each year.

The Tax Court sided with the IRS…

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About Mark P. Holtzman

Chair of Accounting Department at Seton Hall University. PhD from The University of Texas at Austin. Worked at Deloitte's New York Office. BSBA from Hofstra University.

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