- 5 - Court directed petitioner to file a proper amended petition setting forth with specificity each error allegedly made by respondent in the determination of the deficiency and separate statements of every fact upon which the assignments of error are based. Petitioner failed to respond to the Court's order as directed. Respondent's motion to dismiss was called for hearing pursuant to notice in Washington, D.C., on March 6, 1996. Counsel for respondent appeared at the hearing and presented argument on the pending motion. Petitioner did not appear at the hearing. However, she did file a Rule 50(c) statement with the Court shortly before the hearing.3 In her Rule 50(c) statement, petitioner again reiterated her claim that her rights have been violated by the issuance of the notices of deficiency. Thus, petitioner's Rule 50(c) statement includes the following statements: in preparing notices of deficiency, respondent caused a collateral estoppel and/or res judicata in violation of petitioner's constitutional right of due process; respondent is attempting to extort monies from petitioner utilizing the notices of deficiency in violation of law and Petitioner's constitutional right to due process of law; notices of deficiency contain penalties in violation of petitioner's constitutional 3 Petitioner did not sign the Rule 50(c) statement. We find this curious, given that petitioner attempts to raise a constitutional issue out of the alleged "failure" of respondent's Service Center director to sign the notices of deficiency. However, the fact of the matter is that the copy of each such notice that is attached as an exhibit to the petition bears such signature.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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