- 3 - On October 19, 1998, petitioner filed a petition protesting the validity of the notice on numerous grounds, such as that the notice was addressed to “Dear Taxpayer”, was fraudulent, and was not signed by hand or under penalties of perjury. Petitioner also argued, among other things, that (1) section 61 does not define taxable income; (2) he is not liable for the addition to tax under section 6651(a)(1) because he has not engaged in the collection of taxes on alcohol, tobacco, and/or firearms; and (3) he is not liable for the addition to tax under section 6654 because he had no knowledge that he qualified as a “person” subject to pay estimated taxes. On December 4, 1998, respondent filed a motion to dismiss for failure to state a claim and to impose a penalty under section 6673 (the motion to dismiss). On December 8, 1998, in response to the motion to dismiss, this Court ordered petitioner to file an amended petition on or before January 8, 1999, setting forth with specificity each error petitioner alleged respondent made in the notice of deficiency and separate statements of every fact upon which petitioner based his assignment of each error. The Court calendared the motion to dismiss for a hearing on February 8, 1999. On January 11, 1999, petitioner filed an amended petition. In the amended petition, petitioner accused this Court of acting prematurely in issuing the order on December 8, 1998, petitionerPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011