Mark C. Nagy - Page 5

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            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 at 658 n.19; Gordon v. Commissioner, 73 T.C. 736, 739                                
            (1980).  The petition filed in this case does not satisfy the                              
            requirements of Rule 34(b)(4) and (5).  There is neither                                   
            assignment of error nor allegation of fact in support of any                               
            justiciable claim.  Rather, there is nothing but tax protester                             
            rhetoric and legalistic gibberish, as indicated by the passages                            
            of the petition and Objection that we have quoted above.  See                              
            Abrams v. Commissioner, 82 T.C. 403 (1984); Rowlee v.                                      
            Commissioner, 80 T.C. 1111 (1983); McCoy v. Commissioner, 76 T.C.                          
            1027 (1981), affd. 696 F.2d 1234 (9th Cir. 1983).  No facts                                
            supporting a "nonresident alien" finding have been alleged.                                
            Further, petitioner did not appear at the call of this case for                            
            hearing on respondent's motion, but purported to revoke his                                
            signature on all previously filed Forms 1040.  We see no need to                           
            catalog petitioner's contentions and painstakingly address them.                           





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