-5- b.) The respondent has no lawful evidence to substantiate its issuance of a statutory notice of deficiency in compliance to law as specified by the Secretary in Title 26 CRF part 601.103(c)(2) and the Federal Rules of Evidence as expressed in Court Rule 143. c.) The respondent has issued a non statutory Letter 531(DO) to fraudulently induce the Petitioner to secure re-determination of a non existent Notice of Deficiency. d.) The respondent has not lawfully determined a legal assessment substantiating an issuance of a notice of deficiency in accordance to its administrative rules and regulations; it has chosen to issue a non statutory notice of deficiency and waiver as this Letter 531 (DO) purporting to be the respondent’s “90 day Letter”. Following the filing of petitioner’s amended petition, respondent filed a supplement to his motion to dismiss for failure to state a claim upon which relief can be granted. Respondent reiterated in his supplement that petitioner has still failed to state a claim upon which relief can be granted. Petitioner has filed a response to respondent’s motion. 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 shall 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). AnyPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011