Gaylon L. Harrell - Page 4

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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.              
          The Court may dismiss a petition when it appears beyond doubt               
          that the petitioner can prove no set of facts in support of his             
          claim that would entitle him to relief.                                     
               Under Rule 34(b)(4) and (5), a petition must contain "Clear            
          and concise assignments of each and every error which petitioner            
          alleges to have been committed by the Commissioner in the                   
          determination of the deficiency" and "Clear and concise lettered            
          statements of the facts on which petitioner bases the assignments           
          of error".  Moreover, any issue not raised in the pleadings is              
          deemed conceded.  Rule 34(b)(4); Jarvis v. Commissioner, 78 T.C.            
          646 (1982); Gordon v. Commissioner, 73 T.C. 736, 739 (1980).                
               In general, 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).                                                                     
               The petition and amended petitions filed in this case do not           
          satisfy the requirements of Rule 34(b)(4) and (5).  There is                
          neither assignment of any error, nor any allegation of fact in              
          support of a justiciable claim.  Instead, there is nothing in               
          petitioner's filings but tax protester rhetoric, unsupported                






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