Joseph T. McQuatters - Page 3




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                  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, petitioner                           






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