Tracee Creen - Page 8




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          In that Order, the Court indicated that petitioner’s October 10,            
          2002 motion to dismiss, like petitioner’s September 4, 2002                 
          motion to dismiss, contained various statements, arguments,                 
          contentions, and/or questions that the Court found to be frivo-             
          lous and/or groundless.7  In the Court’s October 16, 2002 Order,            

               7Petitioner’s October 10, 2002 motion to dismiss restated              
          certain of the frivolous and/or groundless statements, arguments,           
          and contentions contained in petitioner’s September 4, 2002                 
          motion to dismiss and set forth additional frivolous and/or                 
          groundless statements, arguments, contentions, and/or questions.            
          By way of illustration, petitioner’s October 10, 2002 motion to             
          dismiss stated:                                                             
               In order to resolve existing and/or avert future                       
               controversy, the following must be objectively proven                  
               in record for calendar years specified above.  Please                  
               address all questions and, where necessary, provide                    
               documentary and whatever other evidence that supports                  
               the findings:                                                          
               1.   What class or classes of tax are at issue, i.e.,                  
                    what taxing and liability statues, along with                     
                    implementing regulations, make me a person liable                 
                    for keeping books and records and filing returns?                 
                    (Sixth Amendment right to know the nature of the                  
                    action)                                                           
               2.   What internal revenue district, established in compli-            
                    ance with requirements of 26 U.S.C. � 7621 and Execu-             
                    tive Order #10289, is the situs of the taxable arti-              
                    cles, activities and/or transactions from which the               
                    alleged taxable income was derived?                               
               3.   What delegated authority, whether statutory or other-             
                    wise, does IRS have for administering the class or                
                    classes of tax at issue? (See 5 U.S.C. � 558(b))                  
               4.   What “officer, employee, or agency of the Treasury                
                    Department [or] other officer of the United States” is            
                    the delegate of the Secretary for purposes of collect-            
                    ing income and employment taxes imposed by Chapters 1,            
                                                             (continued...)           





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