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On July 26, 1990, respondent filed motions to calendar, to
change place of trial, and for pretrial conference. The Court
subsequently granted respondent's motion for pretrial conference
and denied the other two motions.
In response to petitioner's request, respondent's counsel
enclosed in a letter sent to him on or about October 22, 1990, a
Form 3911, Taxpayer Statement Regarding Refund. The form, used
in tracing refund checks, requires the taxpayer to supply certain
information certified to be correct, to the best of his
knowledge, under penalties of perjury. The form states that the
information requested may be provided in a letter. On November
28, 1990, petitioner sent to the Cincinnati Service Center a
letter requesting "a photocopy of a refund check I allegedly
received in July of 1984" in the amount of $6,330. Petitioner
states in the letter that he never received the refund check in
the amount of $6,330. The letter does not contain a statement
that it is certified to be correct, to the best of his knowledge,
under penalties of perjury.
Petitioner's counsel filed a motion to withdraw from his
representation of petitioner on December 17, 1990, which motion
was subsequently granted.
Petitioner was notified of a change in respondent's
settlement position in the First Energy cases in a letter dated
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