- 9 - We find the transposition error in the notice of deficiency to be inconsequential and hold that the notice of deficiency is valid. Consequently, we deny petitioner’s oral motion to dismiss for lack of jurisdiction. 2. Respondent’s Motion To Strike Portions of the Petition Pursuant to Rule 52, respondent moves to strike various portions of the petition as frivolous, vague, and immaterial allegations and assertions with no factual basis. Pages 2 and 3 of respondent’s motion identify the specific portions of the petition which respondent seeks to strike. We need not detail each specific statement sought to be stricken as petitioner was properly served and is aware of respondent’s position. Under Rule 52, this Court, upon timely motion by a party or upon the Court’s own initiative at any time, may order stricken from any pleading any insufficient claim or defense or any redundant, immaterial, impertinent, frivolous, or scandalous matter. A motion to strike matter from a pleading will be granted only if the moving party establishes (1) that the matter has no possible bearing upon the subject matter of the litigation, and (2) that prejudice will result to the moving party if the motion is not granted. Estate of Jephson v. Commissioner, 81 T.C. 999, 1001 (1983). A petition must contain (1) clear and concise assignments ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011