Roy Jay Stallard - Page 2

                                        - 2 -                                         
                                     Background                                       
               On September 16, 2005, petitioner filed a petition with                
          respect to the notice of deficiency (notice) which respondent               
          issued to him for his taxable year 2002 and in which respondent             
          determined, inter alia, a deficiency of $52,174 in petitioner’s             
          Federal income tax (tax) for that year.2  The petition contains             
          statements, contentions, and arguments that the Court finds to be           
          frivolous and groundless.  For example, the petition states in              
          pertinent part:                                                             
                    1.  I request that the balance due in the amount                  
               of 1,371.00,[3] found and shown on line 16 of the Form                 
               4549A, attached to the subject notice of deficiency be                 
               redetermined and set to zero, or in the alternative                    
               that the notice of deficiency be remanded to the IRS                   
               for perfection.                                                        
               2.   I am entitled to the relief requested because, as                 
                    stated by the Secretary of Treasury at 26 CFR                     
                    601.102(f)(1):  “Rule 1.  An exaction by the                      
                    United States Government, which is not based upon                 
                    law statutory OR OTHERWISE, is a taking of prop-                  
                    erty without due process of law, in violation of                  
                    the Fifth Amendment to the U. S. Constitution.                    

               1(...continued)                                                        
          effect at all relevant times.  All Rule references are to the Tax           
          Court Rules of Practice and Procedure.                                      
               2In the notice, respondent also determined additions to                
          petitioner’s tax under sec. 6651(a)(2) and (f) for his taxable              
          year 2002.  In respondent’s motion, respondent concedes those               
          additions to tax.                                                           
               3In the notice, respondent determined a deficiency of                  
          $52,174 in petitioner’s tax for his taxable year 2002.  The                 
          notice further showed “Adjustments to Prepayment Credits” of                
          $50,803 and a “Balance Due” of $1,371 (excluding interest and               
          penalties).                                                                 





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011