Darold D. Friesen and Rosella M. Friesen - Page 7

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          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           
          that 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 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 Jarvis v.                     
          Commissioner, 78 T.C. 646, 658 (1982).  The failure of a petition           
          to conform with the requirements set forth in Rule 34 may be                
          grounds for dismissal.  Rules 34(a)(1), 123(b).                             
               In general, the determinations made by the Commissioner in a           
          notice of deficiency are presumed to be correct, and the taxpayer           
          bears the burden of proving that those determinations are                   
          erroneous.  Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115              
          (1933).  Moreover, any issue not raised in the pleadings is                 
          deemed to be conceded.  Rule 34(b)(4); Jarvis v. Commissioner,              
          supra; Gordon v. Commissioner, 73 T.C. 736, 739 (1980).                     




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