William Santangelo - Page 9

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          wages by virtue of the provisions of section 1.83-3(e), Income              
          Tax Regs.7  Petitioner did not appear at the hearing.                       
          Discussion                                                                  
               Rule 40 provides that a party may file a motion to dismiss             
          for failure to state a claim upon which relief can be granted.              
          We may grant such a motion when it appears beyond doubt that the            
          party's adversary can prove no set of facts in support of a claim           
          which would entitle him or her to relief.  Conley v. Gibson, 355            
          U.S. 41, 45-46 (1957); Price v. Moody, 677 F.2d 676, 677 (8th               
          Cir. 1982).                                                                 
               Rule 34(b)(4) requires that a petition filed in this Court             
          contain clear and concise assignments of each and every error               
          which the taxpayer alleges to have been committed by the                    
          Commissioner in the determination of the deficiency and the                 
          additions to tax in dispute.  Rule 34(b)(5) further requires that           
          the petition contain clear and concise lettered statements of the           
          facts on which the taxpayer bases the assignments of error.  See            
          Jarvis v. Commissioner, 78 T.C. 646, 658 (1982).  The failure of            
          a petition to conform with the requirements set forth in Rule 34            
          may be grounds for dismissal.  Rules 34(a)(1), 123(b).                      

          7         Sec. 1.83-3(e), Income Tax Regs., provides in                     
                    part as follows:                                                  
                    (e) Property. For purposes of section 83 and the                  
               regulations thereunder, the term "property" includes                   
               real and personal property other than either money or                  
               an unfunded and unsecured promise to pay money or                      
               property in the future.  * * * [Emphasis added.]                       




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