- 43 - legitimate authority over petitioners’ lives and property, they should not be required to comply with respondent’s requests for discovery. We again point out that petitioners filed returns reporting items of income and deduction. Section 7602(a)(1) establishes the Secretary’s authority to examine a taxpayer’s books and records to determine the correctness of any return. Clearly, Ms. Sluyter knew that when she signed the motion. We say that because respondent has brought to our attention another proceeding in which Ms. Sluyter represented tax-protesters challenging the Commissioner’s summons enforcement action. That proceeding, Zimmerman v. United States, 85 AFTR 2d 2000-1091; 2000-1 USTC par. 50,295 (E.D. Cal. 2000), involves findings and recommendations submitted by U.S. Magistrate Judge O’Neill to the Hon. Anthony W. Ishii, Judge, U.S. District Court for the Eastern District of California. In his findings and recommendations (all of which are adverse to the Zimmermans), Magistrate Judge O’Neill states that, under section 7602(a)(1), to ascertain the correctness of any return, the “Secretary is authorized to examine ‘any books, papers, records, or other data which may be relevant or material’ for IRS inquiry”.10 Id. Moreover, 10 In Zimmerman v. United States, 86 AFTR 2d 2000-7027, 2000-2 USTC par. ___ (E.D. Cal. 2000), Judge Ishii imposed sanctions against Ms. Sluyter under Fed. R. Civ. P. 11 for tax- protester type arguments that she had advanced in the proceeding discussed in the text and in a related, subsequent proceeding.Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: May 25, 2011