The Nis Family Trust - Page 25




                                               - 25 -                                                  
            the Commissioner and clear and concise statements of facts upon                            
            which the petitioner bases the assignments of error.                                       
            Furthermore, any issue not raised in the assignments of error is                           
            deemed conceded.  See id.  A petition that makes only frivolous                            
            and groundless arguments makes no justiciable claim, and it is                             
            properly subject to a motion for judgment on the pleadings.  See                           
            Abrams v. Commissioner, 82 T.C. 403 (1984); see also Rodriguez v.                          
            Commissioner, T.C. Memo. 1995-67 (judgment on the pleadings                                
            granted where petitions merely set forth frivolous “protester                              
            arguments that have been heard by this Court on many occasions                             
            and rejected”); Wright v. Commissioner, T.C. Memo. 1990-232                                
            (frivolous argument in petition that petitioner was exempt from                            
            Federal taxation justified granting respondent’s motion to                                 
            dismiss for failure to state a claim); Brayton v. Commissioner,                            
            T.C. Memo. 1989-664 (taxpayer made meritless “tax-protester”                               
            arguments; quoting Abrams, the Court stated:  “A judgment on the                           
            pleadings is appropriate where a petition raises no justiciable                            
            issues.”).  We may grant a motion for judgment on the pleadings                            
            as to less than all the issues in a case.  See Brock v.                                    
            Commissioner, 92 T.C. 1127, 1133 (1989);  Caplette v.                                      
            Commissioner, T.C. Memo. 1993-46 (partial judgment on the                                  
            pleadings, except as to fraud penalty, where petition merely                               
            contained “tax protester arguments that have been heard and                                
            rejected by this Court on many occasions”).                                                






Page:  Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  Next

Last modified: May 25, 2011