Douglas L. Hadsell - Page 5




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          constitutional right to a fair trial, specifically, that it                    
          violated his due process right of access to the courts.                        
          Petitioner argued that such fees should be waived in his case                  
          because he was indigent and was prevented from earning money                   
          because of his incarceration.                                                  
               We concluded in Hadsell I that the Court had no authority to              
          waive subpoena fees and that petitioner was not denied his                     
          constitutional rights even though the subpoenas were not                       
          enforced.  See Hadsell v. Commissioner, T.C. Memo. 1994-198.  We               
          held:                                                                          
               civil litigants * * * before this Court enjoy no                          
               constitutional right to have the Federal Government pay                   
               their litigation expenses, and that the party who                         
               summons a witness is responsible for paying the fees                      
               and mileage to which the witness is entitled under                        
               Rules 147 and 148(c).                                                     
          Id.                                                                            
               The Court of Appeals for the Ninth Circuit, while not                     
          deciding whether Rule 147 is unconstitutional as applied to                    
          indigent litigants, stated:                                                    
               Hadsell did not have adequate alternatives for proving                    
               all of his claims.  On the one hand, the tax court did                    
               not err by denying witness fees to Zong Gan Yu Hadsell,                   
               because Hadsell could testify as to the date of their                     
               marriage as readily as she could have.  Nor did it err                    
               in denying fees to Lai Fong Lee, because her testimony                    
               was not essential to resolve the questions of whether                     
               certain expenses were business deductions or whether                      
               Hadsell had appropriately filed his tax returns.  As to                   
               the seized tax records, on the other hand, Hadsell                        
               claims that they alone could substantiate his claim                       
               that he had indeed properly filed tax returns in the                      
               years in question.                                                        





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