Laurel Ann Curtis - Page 8




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          deficiency.  Petitioner’s discovery requests addressed                      
          constitutional and legal issues that have been settled in the               
          Commissioner’s favor or asked for information outside the scope             
          of discovery.  For example, petitioner’s interrogatories contain            
          the following question:  “Is there an IRS Code Section that would           
          establish a liability for an income tax?”  Among her document               
          requests is the following:  “Please provide me with (or identify)           
          the Code Section that requires me to keep books and records for             
          income tax purposes.”                                                       
          Petitioner’s Acknowledgment of Rental Income                                
               On April 19, 1996, we filed petitioner’s motion to dismiss,            
          which we denied.  In the motion to dismiss, petitioner                      
          acknowledges her receipt of rental income.  She claims:  “SINCE             
          ALL OF THE ‘INCOME’ AT ISSUE WAS DERIVED FROM RENT, HOW CAN                 
          POLLOCK V. FARMERS LOAN AND TRUST CO.  * * *  NOT BE RELEVANT TO            
          THE FACTS IN THIS CASE?”  She concedes:  “all of the ‘income’ at            
          issue is from ‘rent’ or ‘income’ from real estate”.  She argues             
          that respondent is seeking to impose an income tax “on the rent             
          Petitioner derives from real estate”.  She argues that respondent           
          “[is] attempt[ing] to put an income tax on Petitioner’s rental              
          income”.                                                                    
               Accompanying the motion for sanctions is an Exhibit G, a               
          letter from petitioner to respondent’s counsel, dated April 12,             
          1996, in which petitioner acknowledges her ownership of rental              






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