- 3 - of the United States"2 and "liable for the taxes levied by the United States Congress"; (2) the "Commissioner arbitrarily and erroneously determined that petitioner received income"; and (3) the United States Tax Court lacks the authority to render a decision in this case because it is not an Article III Court under the Constitution, and, therefore, without jurisdiction. Petitioner makes further allegations in the petition, which are common in tax protester petitions, regarding the allegedly unconstitutional nonapportioned direct tax, the applicability of the Administrative Procedure Act, and the method in which he was selected for audit, as well as the audit techniques utilized by respondent. In her motion to dismiss, respondent contends that the petition fails to allege clear and concise assignments of error in respondent's deficiency determination in violation of Rule 34(b)(4). Further, respondent contends that the petition fails to allege clear and concise lettered statements of fact on which petitioner bases the assignments of error, in violation of Rule 34(b)(5). The Court scheduled a hearing on the motion for May 13, 1996, in Los Angeles, California. On that date petitioner did not appear, but instead filed a Statement in Lieu of Appearance 2 Petitioner alleges that he is an American citizen, but not a U.S. citizen. Petitioner's address set forth in the petition is in Sun Valley, California.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011