David R. and Darlene Funk, et al. - Page 7




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          motions are virtually identical with those made in docket No.               
          18510-99.  We shall deny the motion in each docket.                         
               When the cases were called for hearing, petitioners asked              
          for a continuance to provide additional time to pursue discovery.           
          The stated purpose of the discovery was to ascertain information            
          with respect to the “correctness of the dollar amount, or                   
          additional tax liability that the district [director] * * * used            
          to make his determination” and the failure of that individual to            
          “identify the IRS code section or regulation that the notice of             
          deficiency determination was based on”.  We denied the oral                 
          motions to continue since they were essentially repetitive of               
          petitioners’ prior written motions.                                         
               The notices of deficiency in these cases make determinations           
          based on tax returns filed by petitioners.  As such, petitioners’           
          reliance on Scar v. Commissioner, 814 F.2d 1363 (9th Cir. 1987),            
          revg. 81 T.C. 855 (1983), is misplaced.  In Scar, the parties               
          agreed that the notice of deficiency had no relationship to the             
          taxpayer’s return.  Petitioners’ argument that the determination            
          of a deficiency without a “statutorily procedural correct lawful            
          assessment” is likewise misplaced.  Once a notice of deficiency             
          has been issued, a taxpayer has 90 days in which to file a                  
          petition with this Court.  During this period, no assessment for            
          the deficiency may be made, and no levy or proceeding in court              








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