David J. and Jo Dena Johnson - Page 21




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          PETITIONER:    That’s correct sir.  Yes, sir.                                
                                        * * *                                          
          THE COURT:     Okay.  Now, what else--Mr. Johnson, do you want to            
                         say anything else in opposition to the                        
                         Government’s motion?                                          
          PETITIONER:    Judge, my position is strictly that this whole                
                         case has to do with whether or not the Tax Court              
                         has jurisdiction to rule on a violation of Section            
                         6330 of the Internal Revenue Code, and it is not              
                         addressing the frivolous penalty as such, even                
                         though that is the underlying part of this case.              
                         This motion to dismiss is based upon frivolous                
                         penalty; my objection has to do with Section 6330             
                         of the Code, that I’ve not had a due-process                  
                         hearing and that the Government has admitted that             
                         I’ve not had a due-process hearing.                           
                                        * * *                                          
          THE COURT:     Mr. Crump, do you think that the Tax Court has                
                         jurisdiction to decide the Johnsons’ claim                    
                         relating to the hearing?                                      
          RESPONDENT:    Based on my reading of Meyer, I would--I think so.            
                                        * * *                                          
          THE COURT:     All right.  Now, Mr. Johnson, * * * if the hearing            
                         requirement was not met, what do you think the                
                         Court should do here?                                         
          PETITIONER:    As requested in my petition, I believe that the               
                         determination should be vacated and that it should            
                         go back to due-process hearing.  * * * If I could             
                         have a due-process hearing * * * [and a                       
                         determination is made against me] then I will                 
                         appeal to district court, which then it would be              
                         the proper place, but I think that I do have to               
                         have that hearing in order to fulfill the                     
                         requirements here in Code Section 6330.                       
          THE COURT:     All right. * * *  If the hearing requirement was              
                         met--if I decide the hearing requirement was met,             
                         what action do you think the Court should take                
                         here?                                                         






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