Alan D. Stang - Page 7

                                        - 7 -                                         
          and that the Court would entertain any motions either side wished           
          to make, including “a motion under Rule 91(f) to force                      
          stipulation”.  The two cases were later consolidated and                    
          calendared for trial at the Court’s October 18, 2004, session in            
          Phoenix.                                                                    
               On August 10, 2004, respondent sent to petitioner a letter             
          scheduling a second pretrial conference pursuant to Branerton               
          Corp. v. Commissioner, supra, for August 18, 2004.5  Respondent             
          also cautioned petitioner to review and consider the information            
          he had previously been provided regarding his legal arguments and           
          Fifth Amendment assertions.  Petitioner responded with a letter             
          dated August 18, 2004, stating that his health problems prevented           
          a face-to-face meeting and that respondent was in error with                
          regard to the validity of petitioner’s Fifth Amendment                      
          objections.  Petitioner indicated that he would continue to                 
          assert the Fifth Amendment in response to proposed stipulations             
          of fact and that if respondent should seek an order to show cause           
          under Rule 91(f), petitioner would request appropriate sanctions            
          for unnecessarily multiplying the litigation.                               
               On August 19, 2004, respondent sent to petitioner a letter             
          enclosing a proposed stipulation of facts.  This letter was                 


               5 The Court notes that respondent’s motion to impose a sec.            
          6673 penalty refers, in an apparent typographical error, to this            
          letter as having been sent on Aug. 19, 2004.  The copy of the               
          letter itself contained in the record is dated Aug. 10, 2004.               





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011