- 5 - When respondent filed his motion to dismiss, on November 2, 2000, the Court, in an Order dated November 2, 2000: ORDERED that the petitioners shall on or before December 18, 2000, file with the Court an amended petition in which they set forth with specificity each error they allege was made by the respondent in the determination of the deficiency and separate statements of every fact upon which petitioners base the assignment of each error. On December 19, 2000, petitioners filed an Amended Petition in which petitioners alleged, inter alia: 5. The determination of the tax set forth in the said notice of deficiency (or liability), and the deficiency itself, is based upon the following errors: (a) Respondent errored in that respondent, as per the USC Title 26 sec. 1313(a), does not have authority to make a “determination.” (b) Respondent errored in that the “deficiency” claimed by respondent, is not in compliance with USC Title 26 sec. 6211(a) and USC Title 26 sec. 6212(a), in that respondent failed to identify the statute, under USC Title 26, Subtitle A or B, that was relied on to claim a deficiency. (c) Respondent errored as to a claim that petitioner has a deficiency (tax liability), as respondent has failed to providence (sic) facts or evidence, as per USC Title 26, Regulation 301.6203-1, of a statutory procedurally correct assessment to support respondents claim. (d) Respondent errored in that respondent has failed to provide a competent witness to support any claimed unreported or under reported income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011