Mark C. Nagy - Page 4

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                  This case was scheduled for hearing on respondent's motion                           
            for December 11, 1995, in Los Angeles, California.  Petitioner                             
            failed to appear for that hearing.  The Court did receive a copy                           
            of a document purporting to be a "(2nd) SECOND CODICIL" wherein                            
            petitioner purportedly attempted to revoke "all signatures that                            
            appear on every Federal 1040 Form (Codicil) including, but not                             
            limited to, the 'original' 1040 Form and all subsequent 1040                               
            Forms that bear the SS No. 551-74-8940 for all years inclusive."                           
            That document has not been filed, nor if filed would it have any                           
            bearing on this case.                                                                      
            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 that the taxpayer alleges to have been committed by the                              
            Commissioner in the determination of the deficiency and the                                
            additions to tax 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                           





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