Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
(1) Am I correct to think the Respondent has acknowledged my assertions to be true?A: Respondent has admitted the allegations of your petition in paragraphs 1 through 4. Everything in paragraph 5 and 6 are denied, except that respondent admits that there is a disagreement between petitioner and respondent. Paragraph 7 operates to deny everything else in the petition. (2) Or, if I am misunderstanding the Respondent’s Answer -- what is the Respondent saying (in Layman’s terms)?A: Respondent is saying, "prove your case!" You don't have to prove paragraph's 1-4, because they are admitted -- but you do have to prove everything else. Please let me know if I can be of further assistance.
To prove my points, via citing case law, would it be best to file an:
(1) amended petition
If not the above, what do you recommend?
I'm in Tax Court, does the above procedure still hold true?
I did not file as a small tax case.
Then the regular tax court rules are in force, which are substantially similar to the Federal Rules of Civil Procedure, and which follow the general outline that I have previously described. The official U.S. Tax Court Rules are found at this link. In sum, my original answers stand as written. If you need a practice guide on U.S. Tax Court practice, consider one of the following (may be available at the county public or a university law library):
If I may offer this view: you are engaged in a dispute with the most sophisticated litigation machine on Earth. Trying to prevail without competent legal counsel is like trying to wage war against a line of tanks with a hand-held slingshot and some small rocks. At a minimum, you need a practice guide, such as those I have identified, or you may be defeated by procedures that you do not expect, nor understand, before you get anywhere near the substantive issues in your case.
You may want to consider changing your case to a small tax case. I'm sure the court and the IRS would consent, if your dispute is $50,000 or less.
Thank you for your excellent responses.
Your comments, insights, and links exceeded my expectations.
Furthermore, you asked questions leading me into a deeper awareness/appreciation of my situation.
Again, Thank You.
No disrespect intended, people frequently take things personal thus let themselves become overwhelmed with anger versus release their disappointment as disappointment.
Through my and my family's challenges, I have come to realize the value in focusing only on what i can control and not giving my energy to what I can't control, before the black hole of negativity sucks me in.
I have benefitted greatly with the help of your input, Thank You.
I want to cite the US Supreme Court regarding the responsibility og government agencies to maintain their files and know what's in their files.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).