Gregg H. Risner - Page 2

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          Background                                                                  
               Gregg H. Risner (petitioner) operates a chiropractic                   
          business near Dallas, Texas.  Petitioner filed a Federal income             
          tax return for the taxable year 1991 in which he reported net               
          profit on Schedule C in the amount of $75,139, capital gains in             
          the amount of $2,646, and taxable income in the amount of                   
          $62,187.  Although petitioner filed a tax return for 1992, he               
          reported no taxable income and instead claimed a refund of                  
          $11,900.  Petitioner did not file tax returns for 1993 or 1994.             
               By letter dated January 18, 1995, Revenue Agent Robert D.              
          Southern notified petitioner that he was being audited by the               
          Internal Revenue Service (IRS) for the taxable years 1992 and               
          1993.  Revenue Agent Southern requested that petitioner bring his           
          books and records to an appointment scheduled for February 15,              
          1995.  Petitioner responded to the above-described letter by                
          sending Revenue Agent Southern a document entitled "Affidavit and           
          Constructive Notice" that states in pertinent part: (1)                     
          petitioner returned his assigned Social Security number to its              
          proper owner; (2) petitioner, as a "belligerent claimant", was              
          claiming immunity and would refuse to produce his books and                 
          records; and (3) Revenue Agent Southern should provide petitioner           
          with the Code sections and implementing regulations demonstrating           
          his authority to audit petitioner's records.                                
               On February 15, 1995, petitioner was served with an IRS                
          summons (Form 2039) directing him to appear before Revenue Agent            
          Southern with his financial records as well as those of the                 



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