John S. Black - Page 6

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                  Respondent's motion to dismiss was called for hearing in                              
            Washington, D.C., on October 18, 1995.  Counsel for respondent                              
            appeared at the hearing and presented argument on her motion.                               
            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                            

            5(...continued)                                                                             
                  that in all reality the TAX COURT could be the real                                   
                  reason that the term [expletive deleted] originated in                                
                  the American language.  The only thing legal about you                                
                  bunch of COMMON CRIMINALS and would be KILLERS is                                     
                  whatever concept of law that exists is whatever is in                                 
                  your sick minds.  I will pursue this matter at a later                                
                  date because I don't have time at the moment for any of                               
                  your little mind games.  This is submitted without                                    
                  prejudice under common law and all other forms of law.                                




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