Darold D. Friesen and Rosella M. Friesen - Page 6

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               This Tax Court knows that as long as the Petitioners                   
               are within their Union State boundary, they are Non-                   
               Resident Alien to the United States.  Non-Resident to                  
               the United States Jurisdiction and Foreign or Alien to                 
               them as well.                                                          
               The amended petition also alleges that respondent bears the            
          burden of proof in respect of the following matters, among                  
          others:                                                                     
                    The Respondent bears the burden to prove the                      
               Petitioner is in fact a taxpayer as it relate[s] to 26                 
               U.S.C. section 7701(a)(14).[4]                                         
                              *   *   *   *   *   *   *                               
                    The Respondent bears the burden to prove that the                 
               Petitioner is subject to any Act of Congress, passed                   
               under Congress's whatsoever authority, without the                     
               voluntary election agreeing to be treated as a subject                 
               of such Congressional Authority.                                       
                              *   *   *   *   *   *   *                               
                    The Respondent bears the burden to prove that the                 
               Petitioners some how became subject of a lessor race by                
               way of becoming "Taxpayers".                                           
          Respondent's motion to dismiss was called for hearing in                    
          Washington, D.C., on November 22, 1995.  Counsel for respondent             
          appeared at the hearing and presented argument in support of the            
          pending motion.  Petitioners did not appear at the hearing, nor             
          did they file any written statement of their position under Rule            
          50(c).5                                                                     



          4 Sec. 7701(a)(14) defines the term "taxpayer" as "any                      
          person subject to any internal revenue tax."                                
          5 Petitioners were reminded of the applicability of Rule                    
          50(c) in the Court's Order dated Sept. 18, 1995, calendaring                
          respondent's motion for hearing.                                            


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