- 7 - First Energy deductions were abusive "BEFORE they allegedly sent me the check in question." He acknowledged receiving a document "indicating that the check was mailed to me on July 18, 1984." But he questioned "why did the IRS send me a refund check on July 18, 1984 after telling me on July 17, 1984 that I was not entitled to that refund?" Petitioner also took the position that just because the check was sent to him and cashed did not mean that he was the one who cashed it. Respondent's counsel advised petitioner in a follow-up letter that the issue of his receipt of the refund check was not an issue triable in his Tax Court case. On December 16, 1991, the Court granted a motion by respondent's counsel to change place of trial to Tampa, Florida. In a letter dated February 10, 1993, respondent's counsel located in Jacksonville, Florida, requested petitioner's consideration of a proposed stipulation of facts and a request for documents, including petitioner's bank statements for the period July through December 1984. Respondent's counsel sent petitioner a followup request for bank statements on April 2, 1993. Respondent, on April 6, 1993, sent to the Court a trial memorandum for petitioner's case set on the April 26, 1993, trial calendar in Tampa, Florida. The memorandum frames the issue for trial as whether petitioner received the 1980 refund of $6,330 he claimed on Form 1045, recognizing Naftel v. Commissioner, 85 T.C. 527, 531-532 (1985) as authority for the Court’s havingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011