James Edward Crawford - Page 7




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          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 having                     






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