- 5 - supra. In order to prove fraud on the Court, petitioners have the burden of establishing that “an intentional plan of deception designed to improperly influence the Court in its decision has had such an effect on the Court.” Abatti v. Commissioner, 86 T.C. 1319, 1325 (1986), affd. 859 F.2d 115 (9th Cir. 1988); see Drobny v. Commissioner, 113 F.3d 670, 677-678 (7th Cir. 1997), affg. T.C. Memo. 1995-209, and cases cited therein. The Court has carefully reviewed petitioners’ motion and petitioners’ reply. Petitioners’ motion states in pertinent part: 1) IRS hold the document (from the Bank Deposits) and made the copies of receipts back to 1995 of tax- able year 1991-1993; But, never exchange to tax- payer or CPA even requested for years to see what the results from and run out of the appealing time, jumped to the conclusion which no one would believe it * * *. * * * * * * * 3) It was found IRS made mistakes for taxable year of 1990 by double taxing on the petitioners because IRS always using the worksheets to jot down the numbers which could be partially reported and IRS examiners never recreated on the official forms to show or exchange to the taxpayers. 4) IRS eventually released the data in Dec. of 1998 and petitioners hired the attorney Robert H. Appert to check and recreate the official 1040 forms for taxable year of 1991-1993 as the refer- ence to the Tax Court. 5) The counsel for Petitioners did not attend the conference meeting on time held by judge Carolyn Chiechi, nor recreated the 1040/Schedule C offi- cial forms as all the receipts, cancelled checks were available.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011