- 4 - to 1996, (6) the deficiencies were not supported by facts and evidence, and (7) petitioner’s declaration was supported by facts and evidence. Attached to the petition is petitioner’s declaration of facts (the declaration), in which she declares, among other things, that she is a native and citizen of the State of California, that she has never been notified that she is required to keep books and records and file returns, that no assessments of tax, penalties, or interest have been made against her for the years in question, and that she has no unreported income for those years. Nothing in the declaration challenges respondent’s explanations of his bases for determining the deficiencies and penalties. Before answering the petition, respondent moved to strike from the petition all assignments of error other than that the period of limitations had expired for 1996 (the motion to strike). In support of the motion to strike, respondent argued that petitioner had failed to challenge the correctness of respondent’s determinations in the notice: Instead, the petitioner relies on various frivolous and immaterial arguments challenging the respondent’s authority to make a determination under I.R.C. � 1313, the absence of assessments, and the manner in which the respondent made his determination. None of those assignments of error relate directly to the respondent’s determinations. Petitioner objected to the motion to strike. In support of that objection, however, she added little to the petition. She madePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011