David R. and Darlene Funk, et al. - Page 6




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          facts on which the taxpayer bases the assignments of error.  See            
          Jarvis v. Commissioner, 78 T.C. 646, 658 (1982).                            
               The petitions and amended petitions filed in these cases do            
          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 frivolous              
          rhetoric and legalistic gibberish, as demonstrated by the summary           
          of the petitions provided above.  Under the circumstances, we see           
          no need to catalog petitioners' arguments and painstakingly                 
          address them.  As the Court of Appeals for the Fifth Circuit has            
          remarked: "We perceive no need to refute these arguments with               
          somber reasoning and copious citation of precedent; to do so                
          might suggest that these arguments have some colorable merit."              
          Crain v. Commissioner, 737 F.2d 1417 (5th Cir. 1984); see also              
          Hansen v. Commissioner, 820 F.2d 1464 (9th Cir. 1987); Grimes v.            
          Commissioner, 806 F.2d 1451 (9th Cir. 1986).                                
               In docket No. 18510-99, petitioners filed a motion to                  
          dismiss for lack of jurisdiction, a motion to compel discovery,             
          and an application for order to take depositions.  We denied                
          these motions.  Petitioners’ primary argument was that respondent           
          failed to explain the basis for the determination and also that             
          there is no lawful, proper assessment.  In docket Nos. 1366-00              
          through 1371-00, petitioners also filed motions to dismiss for              
          lack of subject matter jurisdiction.  The assertions in those               






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