Edward H. Jones, III - Page 28




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          statements about matters of fact necessary to justify the                   
          granting of summary judgment to respondent.  The same absence of            
          information would require us to deny a deemed cross-motion.                 
          Under these circumstances, it would be fruitless for us to go               
          through the detailed analysis necessary for a deemed cross-motion           
          for summary judgment.                                                       
               (2)  Deceit                                                            
               In his response to respondent’s summary judgment motion,               
          petitioner charged that his overpayment of interest “was directly           
          attributable to unreasonable errors, deceit, and dilatory                   
          performance of managerial and ministerial acts by IRS officers              
          acting in their official capacities.”  We note that petitioner              
          did not include the “deceit” contention in his later memorandum.            
          To make the matter clear, we have examined the material before us           
          and we conclude that this material does not show that Krogue,               
          Rogers, or any other IRS employee or official committed any act             
          of deceit against petitioner in the instant case.                           
               (3)  Petitioner’s Responsibility                                       
               Respondent contends that “Petitioner was solely responsible            
          for the delay in paying the taxes due per his tax return”.  This            
          contention is intended to invoke the statutory provision that “an           
          error or delay shall be taken into account only if no significant           
          aspect of such error or delay can be attributed to the taxpayer             
          involved”.  Sec. 6404(e)(1) (final flush language).                         







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