Herbst Asset Mgmt. Trust, et al. - Page 22




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          Court found to be frivolous and/or groundless.6                             


               6Petitioners’ brief in these cases stated in pertinent part:           
               This is a proceeding to determine if the Internal                      
               Revenue Service can ignore the strict limitations                      
               imposed on it by Congress, via the Code of Federal                     
               Regulations, and its’ [sic] own required administrative                
               procedures to extort assets from unsuspecting inhabit-                 
               ants of one of the fifty (50) states of the United                     
               States of America, to wit:  Ronald Herbst, et al.                      
                  *       *       *       *       *       *       *                   
               U.S.C. Title 26 Section 7602 is the I.R.S.’s authority                 
               to examine books and records regarding “internal reve-                 
               nue tax”--not income tax.  This is corroborated by the                 
               fact that the implementing regulation for Section 7602                 
               is located in C.F.R. Title 27, parts 70, 170 and 296.                  
                  *       *       *       *       *       *       *                   
               In accordance with C.F.R. 1.861-8(f) petitioners, et                   
               al, do not receive any “income” or receipts from a                     
               “taxable source”.                                                      
                  *       *       *       *       *       *       *                   
               Petitioners, et al, have never been legally assessed                   
               any tax as required by U.S.C. Title 26 Section 6203 and                
               C.F.R. regulation 301.6203-1 and corroborated in Bull                  
               v. U.S., 295 US 247 * * *.                                             
               Petitioners, et al, determinations are based on Supreme                
               Court decisions, Treasury Orders, U.S.C. Title 26                      
               codes, and implementing (or lack of implementing)                      
               C.F.R. Title 26 regulations and various other refer-                   
               ences, and as such cannot be considered frivolous or                   
               “. . . a hodgepodge of unsupported assertions, irrele-                 
               vant platitudes and legalistic gibberish.”                             
                  *       *       *       *       *       *       *                   
               Ronald Herbst, et al, petitioners in the cases at                      
               Docket Nos. 9999-00, 10000-00, 10001-00 and 10002-00                   
               are not liable for any income tax, penalties and/or                    
                                                             (continued...)           





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