Thomas G. Brenner - Page 8

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          respondent, after answering certain questions asked by the Court,           
          orally moved to be allowed to withdraw respondent’s motions and             
          that the case be continued.  The Court granted respondent’s                 
          motion.                                                                     
               On October 10, 2002, the Court sent the parties a notice               
          setting this case for trial at the trial session of the Court in            
          Jacksonville, Florida, beginning on March 3, 2003.  Accompanying            
          that notice was the Court’s Standing Pre-Trial Order.                       
               On January 9, 2003, petitioner filed a motion for summary              
          judgment in which he asserted that he was entitled to judgment as           
          a matter of law because respondent failed to prepare substitutes            
          for returns.  In respondent’s response to petitioner’s motion for           
          summary judgment, respondent, citing Schiff v. United States, 919           
          F.2d 830 (2d Cir. 1990), Roat v. Commissioner, 847 F.2d 1379,               
          1381 (9th Cir. 1988), and Hartman v. Commissioner, 65 T.C. 542              
          (1975), asserted that section 6211(a) does not require the                  
          Commissioner to prepare a substitute for return before                      
          determining a deficiency and issuing a notice.  Petitioner’s                
          motion for summary judgment was denied.                                     
               The trial in this case was held in Jacksonville, Florida, on           
          March 4, 2003.  Petitioner took the stand but refused to testify            
          as to any facts relevant to his Federal income tax liabilities.             
          Petitioner stated that he feared that any statements he might               
          make could be used by the Government in a subsequent criminal               






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