- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011