- 3 - OPINION OF THE SPECIAL TRIAL JUDGE PANUTHOS, Chief Special Trial Judge: This matter is before the Court on respondent's motion to dismiss for failure to state a claim upon which relief can be granted. As discussed in detail below, we shall grant respondent's motion. Background On December 17, 1997, respondent issued a notice of deficiency to petitioner determining deficiencies in and additions to his Federal income taxes for the years and in the amounts as follows: Additions to Tax Year Deficiency Sec. 6651(a)(1) Sec. 6654 1994 $12,588 $3,147 $649 1995 12,893 3,223 703 1996 13,357 3,339 718 Respondent reconstructed petitioner's income for the years in issue by relying on information produced by the Bureau of Labor Statistics. On February 9, 1998, petitioner mailed the notice of deficiency back to respondent with the following handwritten statement appearing on the first page of the notice: "I hereby refute and invalidate this unsigned Presentment without dishonor. I do not owe this or any amount of money. All rights reserved, without prejudice, UCCI-207." The notice was accompanied by a 15-page "NOTICE OF DEFENSE" in which petitioner asserted that hePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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