- 5 - 4. The notice of deficiency is ambiguous and without legal effect. The error is an error of omis- sion. Commissioner erred in drafting and issuing the document captioned “notice of deficiency” in that he omitted certain fundamental elements due process of law requires for such notice to have substantive legal effect. FACTS a. On the notice of deficiency or the accompany- ing documents there is no unequivocal statement of the law, statutory or otherwise1, by which the purposed tax debt was established. b. On the notice of deficiency or the companying documents there is no unequivocal statement of the law, statutory or otherwise that identifies the legal per- sonality of the person made liable for payment of the purported debt. c. On the notice of deficiency or the accompany- ing documents there is no unequivocal statement of fact, made under penalty of perjury, that brings the impact of the law specified in 2 and 3 above, against me. d. On the notice of deficiency or the accompany- ing documents there is no unequivocal statement of fact, made under penalty of perjury that brings the impact of the statutes imposing the penalties against me. 5. I request that the court redetermine all of the liabilities purported on the notice of deficiency and the accompanying documents and set it them to zero on account of the facial defects of the so-called notice. _______________________ 126 CFR 601.106(f)(1)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011