- 4 - in the Federal Register; (b) the statutory notice of deficiency contains information from respondent's "Business Master File" and petitioner is "not in any business of any kind"; (c) he reserves all his "remedies as for [sic] the Uniform Commercial Code"; (d) he is not a United States citizen (but admits being born in Illinois); (e) he does not know what tax return to file because there is no OMB (Office of Management and Budget) number and expiration date on Form 1040; and (f) the income tax only applies to the District of Columbia, Guam, and Puerto Rico. Many of petitioner's arguments were in the form of a question, such as "What IRS director -- district director am I dealing with? Is it Guam? Is it Puerto Rico?" Although admonished more than once by the Court that the pertinent question for the hearing was whether there was a factual dispute about his receipt of unreported income in the years at issue, petitioner presented only nonsensical "legal" tax protester arguments. Discussion Rule 1213 provides that either party may move for summary adjudication upon all or any of the legal issues in dispute if the moving party can show that there is no genuine issue as to 3Rule 121 is derived from Fed. R. Civ. P. 56. Therefore, authorities interpreting the latter will be considered by the Court in applying our Rule. Espinoza v. Commissioner, 78 T.C. 412, 415-416 (1982).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011