-5- (3) We think our position is consistent with the determination made under Arnett v. United States. (845 F Supp 796 1994) Relative to White v. Commissioner. (T.C. Memo 1981-609) Furthermore, we think that our Accounts Receivable can move our claim well past the 15 April 2005 Statute of Limitations under Klien v. Commissioner. (45 T.C. 308 1965) Nor did we sign away our taxpayer rights under Goldsmith v. Commissioner. (31 T.C. 56 1958) (4) We did exhaust our administrative remedies in requesting refund of $1,593.91 taken from tax year 2004. We would very much appreciate receiving the amount in question. Along with the $768.99 taken for tax year 2000-2001. As this issue is a matter of prior judgment. (5) WHEREFORE, we pray that the court affirm or grant our notice of objection. Discussion Rule 34(b)(4) requires that a petition filed in this Court contain clear and concise assignments of each and every error that the petitioning taxpayer alleges to have been committed by the Commissioner in the determination of any deficiency, addition to tax, or penalty in dispute. Rule 34(b)(5) further requires that the petition contain clear and concise lettered statements of the facts on which the taxpayer bases the assignments of error. See Funk v. Commissioner, 123 T.C. 213, 215 (2004); Jarvis v. Commissioner, 78 T.C. 646, 658 (1982); Meeker v. Commissioner, T.C. Memo. 2005-146; Stearman v. Commissioner, T.C. Memo. 2005-39. Any issue not raised in the pleadings is deemed conceded. See Rule 34(b)(4); Funk v. Commissioner, supra; Jarvis v. Commissioner, supra at 658 n.19; Gordon v. Commissioner, 73 T.C. 736, 739 (1980); Meeker v. Commissioner, supra; Stearman v.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011