Jonathan Kaplowitz - Page 4

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               The petition asserts as error that “a) Failure of the                  
          hearing officer to consider denial of due process at the                    
          examination interview, an evidentiary hearing; b) Failure of the            
          hearing officer to consider procedural errors committed by the              
          Examinations Division in creating the Report of Tax Changes.” In            
          paragraph 5 of the petition, petitioner asserts facts that he               
          relies on, such as, that he was a “Citizen of the United States             
          of America”, that he was not engaged in interstate commerce, that           
          he is a natural person, that he has a Sixth Amendment right to              
          refute, confront, and cross-examine witnesses, that petitioner              
          was denied an opportunity during the examination process to raise           
          a defense against erroneous testimony, that there was no                    
          opportunity to cross-examine witnesses related to documents used            
          by the examiner, and that he effectively did not have an                    
          opportunity to dispute the tax liability.                                   
               Respondent filed a motion to dismiss for failure to state a            
          claim.  Respondent contends that petitioner is barred under                 
          section 6330(c)(2)(B) from challenging the existence or amount of           
          his tax liability in this proceeding because he received a notice           
          of deficiency and failed to file a timely petition in response              
          thereto.                                                                    
               After the petition was filed in response to the                        
          determination letter, respondent filed an answer.  Petitioner               
          filed a lengthy reply which contains primarily frivolous                    






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