David R. and Darlene Funk - Page 6




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                    (e) Respondent errored as the statute of                          
               limitation has expired for the year 1996 and has                       
               furnished no evidence that it has been extended.[1]                    
                    (f) Respondent errored in that all respondents                    
               facts and evidence submitted to the court are                          
               unsupported, based on hearsay, and not in compliance                   
               with Federal Rules of Evidence.                                        
                    (g) In support of petitioners facts and evidence,                 
               petitioners declaration, signed under penalty of                       
               perjury, is attached and made part of this matter.                     
                    6.  The basis of the petitioners case, and the facts              
                   and law upon which petitioner relies, are as                      
          follows:                                                                    
                    (a) IRC Sec. 1313(a), Determination--For purposes                 
               of this part, the term “determination” means--                         
               1313(a)(1) a decision by the Tax Court or a judgment,                  
               decree, or other order by any court of competent                       
               jurisdiction, which has become final.                                  
                    Petitioner states that IRC sec. 1313(1) clearly                   
               states, as it applies to the current matter, that only                 
               Tax Court has the authority to make a “determination.”                 
               Neither the respondent, and/or the District Director                   
               who rubber stamped her signature to the Notice of                      
               Deficiency, as per IRC sec. 1313(a), have the authority                
               to make a “determination.”                                             
                    (b) IRC Sec. 6211(a), in General, states--For                     
               purposes of this title in the case of income estate,                   
               and gift taxes imposed by subtitles A and B and excise                 
               taxes imposed by chapter 41, 42, 43, and 44 the term                   
               “deficiency” means the amount by which the tax imposed                 
               by subtitle A or B, or chapter 41, 42, 43, or 44                       
               exceeds the excess of–- * * *                                          



          1  Petitioners signed their 1996 income tax return on July                  
          31, 1997, and filed it with the IRS at Ogden, Utah, on Aug. 4,              
          1997.  The statutory notice of deficiency for 1996 was mailed to            
          petitioners on July 5, 2000.  Sec. 6503(a)(1) (issuance of                  
          statutory notice) therefore suspended the running of the 3-year             
          period of limitations provided for in sec. 6501(a).                         





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