- 21 - 3. Respondent’s Arguments Respondent’s argument is the same in each of the motions. In docket No. 9820-99, respondent states: Petitioner’s amended petition fails to meet these requirements [Rule 34(b)] and in fact states that “petitioner brings only an issue of law before the court.” * * * Tax Court Rule 34(b)(4) states that “Any issue not raised in the assignments of error shall be deemed to be conceded." Respondent then summarizes the amended petition and states that petitioner has failed to comply with Rule 34(b) by, in effect, failing to assign any error to respondent’s determinations of deficiencies. For that reason, respondent argues, the motion should be granted: [The amended petition] * * * merely sets forth frivolous legal positions which are contrary to established law and unsupported by a reasoned, colorable argument for change in the law. Petitioner’s amended petition fails to present any specific allegations of error, any meritorious reasons for disagreeing with the notice of deficiency, nor any facts in support of any such disagreement. * * * * * * * * * * Because petitioner’s amended petition merely sets forth frivolous arguments and as such does not allege any justiciable error with respect to the notice of deficiency, respondent should be granted judgment in his favor based upon the pleadings. [Citations omitted.] 4. Burden of Proof A judgment on the pleadings is a judgment based solely on the allegations and information contained in the pleadings and not on any outside matters. See Rule 120(a) and (b); see alsoPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011