- 5 - On September 14, 1995, respondent filed the Motion To Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted that is presently pending before the Court. In her motion respondent contends, inter alia, that the amended petition includes "no allegations of justiciable error as to the adjustments to taxable income made by the respondent." On September 18, 1995, the Court issued an order directing petitioner to file a second amended petition on or before October 10, 1995. In particular, the Court directed that the second amended petition should set forth with specificity each error allegedly made by respondent in the determination of the deficiencies and separate statements of every fact upon which the assignments of error are based. The Order also served to notify petitioner that respondent's motion would be called for hearing at the Court's Motions Session to be held in Washington, D.C., on October 18, 1995. Petitioner did not comply with the Court's Order dated September 18, 1995. Rather, on October 16, 1995, petitioner filed a Rule 50(c) statement repeating the allegations set forth in his original imperfect petition.5 5 The heart of petitioner's Rule 50(c) statement provides as follows: I see no reason to submit an AMENDED claim because everything was listed on the original filing. I was under the false impression that the TAX COURT was a LEGITIMATE COURT, however, further research revealed (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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