George A. Lovenguth - Page 13




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          doing better by Lovenguth than moving for a dismissal of the case           
          for failing to properly prosecute.  See generally Levy v.                   
          Commissioner, 87 T.C. 794 (1986) (discussing effects of case                
          dismissal).                                                                 
               But we must also look at the process from Lovenguth’s                  
          perspective.  And in doing so, we must remember that Lovenguth              
          has no legal training and is suffering from a weakened mental and           
          physical condition.  This case is not the first time Lovenguth              
          tried to challenge the IRS in our Court.  Some of his attempts              
          were unsuccessful because he missed deadlines, and when he                  
          learned that his untimeliness was partly responsible for his tax            
          liability tripling, he was understandably fearful.                          
               The Commissioner nevertheless argues that Lovenguth always             
          knew that the IRS was his adversary and never believed that he              
          was being assisted.  We agree that Lovenguth did know the IRS was           
          his adversary in that it was trying to collect a debt from him.             
          But Lovenguth also knew that the IRS offered help, because he had           
          actually been referred to the IRS’s Taxpayer Advocate Service at            
          one time.  And so we find it reasonable that Lovenguth believed             
          that the Commissioner’s counsel was assisting him and not just              
          playing the role of his adversary.                                          
              The Commissioner finally argues that Lovenguth has capacity            
          to enter into the stipulation because he is “cognizant enough” to           
          request an abatement of interest.  The Commissioner argues that             







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