- 6 - (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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011