John Erwin Hunter II and Alma Esteban Hunter - Page 4

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               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.                              






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