Gary Gealer - Page 4

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          notified that petitioner, after being told of the corporate                 
          audit, had taken the records relating to the audit.  The IRS                
          requested the records from petitioner.  The records were not                
          given to the IRS or Weiner.  On June 23, 1997, the IRS issued a             
          summons to petitioner for the records of The Fourth Dreamer.  On            
          July 3, 1997, petitioner filed a motion to quash the summons in             
          the District Court.  On February 26, 1998, the District Court               
          dismissed petitioner's motion to quash.                                     
               On March 19, 1998, a second summons filed by respondent                
          requested the books and records of The Fourth Dreamer for the               
          fiscal years ending May 31, 1995 and 1996.  Petitioner filed a              
          new motion to quash the summons on March 31, 1998.  The District            
          Court dismissed the motion with prejudice on July 1, 1998.                  
               In July 1998, respondent began to audit petitioner’s 1995              
          income tax return.  On August 12, 1998, respondent requested that           
          petitioner appear on August 31, 1998, to give testimony and                 
          produce the records of The Fourth Dreamer requested in the                  
          summons.  Petitioner declined because he was involved in an                 
          appeal arising out of the District Court litigation.                        
               Respondent offered petitioner a conference with respect to             
          his audit on or before November 17, 1998.  That date was set                
          because the period of limitations was running.  A letter from the           
          IRS suggested that someone representing petitioner meet with the            
          IRS by November 17, 1998, or, in the alternative, that petitioner           

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