Robert Rodriguez - Page 10

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               Petitioner’s only argument is that he believed that he did             
          not have an opportunity to challenge any of the “hearsay or                 
          secondary information” that was presented at trial.                         
               As was explained to petitioner at trial, he had the                    
          opportunity to call his own witnesses, offer any documents, and             
          present his own testimony, but he chose not to do so.  As                   
          discussed, he was not prejudiced by not receiving the documents             
          presented by respondent until trial.  Moreover, sanctions of                
          $10,000 have previously been imposed against petitioner for the             
          1994, 1995, and 1996 tax years for advancing the same arguments             
          as he has in this case.  See Rodriguez v. Commissioner, T.C.                
          Memo. 2003-105.  The opinion admonishing petitioner for his                 
          previous conduct in 3 taxable years was filed on April 17, 2003.            
          Id.  Nonetheless, petitioner had the audacity to once again                 
          petition the Court to redetermine his tax liability for                     
          4 subsequent taxable years less than 3 months later, on July 1,             
          2003, and to continue to submit the same baseless arguments in              
          this case as had been presented in his earlier case.                        
               In his prior case, as in this case, petitioner was warned              
          before trial by respondent and during trial by the Court that his           
          position would warrant a penalty of up to $25,000.  Petitioner’s            
          arguments are the same frivolous and groundless arguments that we           
          previously found were instituted primarily for delay.  Petitioner           
          continues in his failure to cooperate with respondent and to                






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