Home Health Services Trust, Robert Hogue , Trustee - Page 4




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               the claimed unreported income, are all based on                        
               unfounded and hearsay evidence[;] no examination of                    
               books and records has been done so we are presuming                    
               this is a naked assessment.  (7) There can be no                       
               meaningful administrative hearing until respondent                     
               provides petitioner with certified evidence to support                 
               the Notice of Deficiency and the claimed tax liability.                
               C.  Respondent’s Motion                                                
               Respondent filed a motion to dismiss for lack of                       
          jurisdiction.  In the motion, respondent asserts that this case             
          should be dismissed for lack of jurisdiction “on the ground that            
          the petition was not filed by a trustee authorized to bring suit            
          on behalf of the trust”.                                                    
               Upon the filing of respondent’s motion to dismiss, the Court           
          issued an order directing Home Health to file an objection, if              
          any, to respondent’s motion, taking into account Rule 60, and to            
          attach to the objection a copy of the trust instrument or other             
          documentation showing that the petition was filed by a fiduciary            
          legally entitled to institute a case on behalf of Home Health.              
          The Court subsequently extended the time within which objection             
          was to be filed.                                                            
               D.  Robert Hogue’s Objection                                           
               Ultimately, the Court received an objection, which was                 
          signed by Robert Hogue, to respondent’s motion to dismiss.                  
          Paragraph 5 of the objection states:                                        










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