Henry Nino - Page 6

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          issue not raised in the pleadings is deemed to be conceded.  See            
          Rule 34(b)(4); Funk v. Commissioner, supra.  Further, the failure           
          of a party to plead or otherwise proceed as provided in the                 
          Court’s Rules may be grounds for the Court to hold such party in            
          default, either on the motion of another party or on the                    
          initiative of the Court.  See Rule 123(a); Meeker v.                        
          Commissioner, T.C. Memo. 2005-146; Ward v. Commissioner, T.C.               
          Memo. 2002-147.  The Court also may dismiss a case and enter a              
          decision against a taxpayer for the failure properly to prosecute           
          or to comply with the Rules of this Court.  See Rule 123(b);                
          Meeker v. Commissioner, supra; Ward v. Commissioner, supra.                 
               We agree with respondent that petitioner has failed to state           
          a claim upon which relief can be granted.  See Funk v.                      
          Commissioner, supra at 216-217; Meeker v. Commissioner, supra.              
          Petitioner has failed to present the Court with a petition                  
          containing clear and concise assignments of error that petitioner           
          alleges the Commissioner has committed in the determination of              
          the deficiency or the additions related thereto.  Petitioner has            
          likewise failed to include in his petition clear and concise                
          statements of the facts on which he bases his assignments of                
          error.  Rather than making factual claims of error, petitioner              
          argues only frivolous conclusions.  The petition neither conforms           
          to this Court’s Rules of Practice and Procedure nor states a                
          claim upon which relief can be based.  Due to the absence from              






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