Robert Eugene Poindexter - Page 9

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                    (4) Clear and concise assignments of each and                     
               every error which the petitioner alleges to have been                  
               committed in the notice of determination.  * * *                       
                    (5) Clear and concise lettered statements of the                  
               facts on which the petitioner bases each assignment of                 
               error.                                                                 
               Pursuant to section 6330(c)(2)(B), petitioner was entitled             
          to challenge at his Appeals Office hearing the existence or                 
          amount of the underlying tax liabilities for 1994 and 1996 giving           
          rise to the assessments.  If the validity of those underlying tax           
          liabilities is properly at issue, we review the matter de novo.             
          Sego v. Commissioner, 114 T.C. 604, 610 (2000).  For the validity           
          of those underlying tax liabilities to be properly at issue,                
          however, petitioner must comply with Rule 331.  His pleading must           
          contain a sufficient specificity of facts so that the Court can             
          conduct a meaningful hearing to determine whether respondent can            
          proceed with the collection of those liabilities.  Petitioner’s             
          averments make clear that he disagrees with his income tax                  
          liabilities as shown on the returns.  However, other than                   
          claiming that the returns contain false and fraudulent                      
          information and may be based on incorrect written advice from the           
          IRS, petitioner fails to specify the basis of his disagreement;             
          i.e., he fails to identify the items of income, deduction, or               
          credit, or the computations, that are incorrect.  Without such              
          specificity, how could respondent possibly mount a defense, and             
          what precisely is it that the Court is to decide?                           






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