The Nis Family Trust - Page 20




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            April 12, 2000, which is the date on which respondent made the                             
            motions for judgment on the pleadings.  The motions for judgment                           
            on the pleadings were made sufficiently in advance of the date of                          
            the trial session, June 5, 2000, so as not to delay trial of                               
            these cases.  The procedural requirements of Rule 120(a) were,                             
            thus, satisfied.  As amended, the motions ask that the Court find                          
            that there is due from the various petitioners the deficiencies                            
            in tax set forth above.  Petitioners object.                                               
                        2.  Rule 34(b)                                                                 
                  Rule 34 deals with petitions.  In pertinent part, Rule 34,                           
            provides:                                                                                  
                        (b)  Content of Petition in Deficiency or                                      
                  Liability Actions:  The petition in a deficiency or                                  
                  liability action shall contain * * *                                                 
                              *  *  *  *  *  *                    *                                    
                        (4) Clear and concise assignments of each and                                  
                  every error which the petitioner alleges to have been                                
                  committed by the Commissioner in the determination of                                
                  the deficiency or liability.  The assignments of error                               
                  shall include issues in respect of which the burden of                               
                  proof is on the Commissioner.  Any issue not raised in                               
                  the assignments of error shall be deemed to be                                       
                  conceded.  Each assignment of error shall be separately                              
                  lettered.                                                                            
                        (5) Clear and concise lettered statements of the                               
                  facts on which petitioner bases the assignments of                                   
                  error, except with respect to those assignments of                                   
                  error as to which the burden of proof is on the                                      
                  Commissioner.                                                                        










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