Georgia M. Beatty v. Commissioner of Internal Revenue

U.S. Court of Appeals for the Fifth Circuit
Georgia M. Beatty v. Commissioner of Internal Revenue, 667 F.2d 501 (5th Cir. 1982)
49 A.F.T.R.2d (RIA) 671; 1982 U.S. App. LEXIS 21839
Brown, Per Curiam, Politz, Williams

Georgia M. Beatty v. Commissioner of Internal Revenue

Opinion

PER CURIAM:

In this “tax protest” case appealing summary judgment for the government in the Tax Court, petitioner Georgia Beatty raises several frequently rejected challenges to the tax laws, including the constitutionality of the withholding provisions, the applicability of the requirement of filing a *502 return to petitioner, and the authority of the Commissioner to assess a deficiency. From the record it is clear that petitioner had income and that she failed to file a proper return. It is equally clear that Congress has the power to require withholding on wages. See Central Illinois Public Service Co. v. United States, 435 U.S. 21, 98 S.Ct. 917, 55 L.Ed.2d 82 (1978). We have time and time again held, within the context of criminal prosecutions under § 7203, that a protest return of the sort filed by petitioner does not amount to a return. United States v. Booher, 641 F.2d 218 (5th Cir. 1981); United States v. Brown, 591 F.2d 307 (5th Cir.), cert. denied, 442 U.S. 913, 99 S.Ct. 2831, 61 L.Ed.2d 280 (1979); United States v. Johnson, 577 F.2d 1304 (5th Cir. 1978).

We find no other basis for challenging the Tax Court decision.

AFFIRMED.

Reference

Full Case Name
Georgia M. BEATTY, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee
Cited By
13 cases
Status
Published