Paul A. Gaskins - Page 3

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          petitioner was further ordered to provide separate statements of            
          every fact upon which he based the assignments of error.                    
          Finally, the Court ordered that respondent’s motion to dismiss              
          for failure to state a claim upon which relief can be granted, be           
          calendared for hearing at the Court’s motion session on March 23,           
          2005.  In the order, the Court also reminded the parties that               
          Rule 50(c) allows a party to submit a written statement in lieu             
          of or in addition to attending the hearing.                                 
               Petitioner timely filed his second amended petition on March           
          10, 2005.  This case was called during the Court’s motions                  
          session on March 23, 2005, for hearing on respondent’s motion to            
          dismiss for failure to state a claim upon which relief can be               
          granted.  Respondent appeared and was heard.  Petitioner did not            
          appear, nor did he file a written statement of his position                 
          pursuant to Rule 50(c).                                                     
               The Court denied respondent’s motion to dismiss.  However,             
          the Court ordered stricken so much of petitioner’s second amended           
          petition as was based upon frivolous tax protester arguments.  In           
          particular, the Court struck from petitioner’s petition the                 
          allegation that his income of $51,114 in 2002 did not qualify as            
          taxable income under section 861.  As a result, petitioner’s                
          remaining assignments of error are:                                         
               •    The IRS has listed $1,229 as income from cancellation             
                    of debt.  The debt in question was the subject of                 
                    bankruptcy.  No debt was “forgiven”.; and                         






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