-4- has granted us relief under IRC 6213 and 6330. Regardless of the Notice of Deficiency alleging $131,093.00 in tax liability. Plus a $26,218.60 penalty for tax year 2001. WHEREFORE, we the petitioners pray: that the Court enter an order requiring the respondent to answer our claim. Or the court award us injunctive relief. On June 9, 2005, respondent filed the motion at hand. In his motion, respondent asserts that petitioners in their second amended petition have made no factual or justiciable claims of error against respondent’s notice of deficiency. Respondent also notes that petitioners have set forth in their second amended petition no facts in support of any claimed error on the part of respondent. On July 25, 2005, petitioners submitted a notice of objection to respondent’s motion, seeking costs, damages, and refunds “starting at $157,311.60” for 2001. In support, petitioners stated: (1) On June 5, 2001, we did accomplish our Certified Affidavit of Support under United States Immigration Law 213A of said Act. We did submit those documents to The Department of Justice and The INS as well. The financial statement and supporting paperwork are answer and rebuttal to the respondent’s notice of deficiency dated December 2, 2004. In failing to collect our Affidavit, America is responsible for reckless and intentional disregard under 26 USC 7433. (2) Under the February 17, 2005, letter of determination, not following proper procedure also gives rise to an action for economic damages under 26 USC 7430. Since the respondent did willfully understate our tax liability by invalid audit or investigation dated 7/17/2003, 6/23/2004, and 11/18/2004. This inaccurate information was used in full during and after the respondent’s issuing of the deficiency notice dated December 2, 2004.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011