The Nis Family Trust - Page 21




                                               - 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 also                             





Page:  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