Frederick M. Fox - Page 9

                                        - 9 -                                         
          Commissioner, 76 T.C. 1027 (1981), affd. 696 F.2d 1234 (9th Cir.            
          1983); see also Fox v. Commissioner, T.C. Memo. 1993-37; Fox v.             
          Commissioner, T.C. Memo. 1989-232, affd. without published                  
          opinion 943 F.2d 55 (9th Cir. 1991).  Aside from the Coram                  
          Taxvest Windfarms issues that the parties settled, petitioner has           
          failed to allege any triable issue of fact.                                 
               We see no need to catalog petitioner's contentions and                 
          painstakingly address them.  We have dealt with many of them                
          before.  E.g., Nieman v. Commissioner, T.C. Memo. 1993-533;                 
          Solomon v. Commissioner, T.C. Memo. 1993-509, affd. without                 
          published opinion 42 F.3d 1391 (7th Cir. 1994).  Further, as the            
          Court of Appeals for the Fifth Circuit has remarked:  "We                   
          perceive no need to refute these arguments with somber reasoning            
          and copious citation of precedent; to do so might suggest that              
          these arguments have some colorable merit."  Crain v.                       
          Commissioner, 737 F.2d 1417, 1417 (5th Cir. 1984).  Suffice it to           
          say that petitioner's motions for summary judgment are wholly               
          without merit and will be denied.                                           
          Respondent's Motions for Summary Judgment                                   
          As previously mentioned, the first four issues on which                     
          respondent seeks summary judgment are that petitioner (1) failed            
          to report interest and dividend income on his 1983, 1984, and               
          1985 tax returns, (2) is not entitled to a loss of $3,880                   
          reported on Schedule C attached to his 1983 tax return, (3) is              
          not entitled to a loss in the amount of $2,410 claimed on his               




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011