Elena Swain - Page 4




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          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 made             






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