- 4 - CONCLUSIONS AT LAW TAX COURT JUDGE DEMANDED.” Petitioner attached to the petition: (1) The first page of the notice of deficiency for 2002; (2) the decision letter for 2001; (3) the notice of determination regarding the proposed levy for income taxes for 1999 and 2000; and (4) the notice of determination regarding notice of Federal tax lien for the section 6702 penalty for 1999 and 2000. On October 29, 2004, respondent filed a motion to dismiss for failure to state a claim upon which relief could be granted. On November 15, 2004, petitioner filed an objection to respondent’s motion to dismiss. On February 7, 2005, petitioner filed a motion to enforce Rule 36.2 This motion contained frivolous and groundless arguments. The Court denied this motion. Petitioner attempted to file several other documents with the Court that the Office of the Clerk of the Court returned to petitioner as unfilable. The returned documents included a “motion to set aside defaults” and a “verified motion to enforce default against IRS by summary judgement”. These documents contained frivolous and groundless arguments. 2 Rule 36(a) provides, in pertinent part, that “The Commissioner shall have 60 days from the date of service of the petition within which to file an answer, or 45 days from that date within which to move with respect to the petition.”Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011