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