Ginger Harmornick - Page 7




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               H.  Respondent’s First Motion For Summary Judgment                     
               On July 20, 2001, respondent filed a Motion For Summary                
          Judgment And To Impose A Penalty Under I.R.C. Section 6673.                 
          Respondent’s motion was called for hearing in Las Vegas, Nevada,            
          on September 10, 2001.  Petitioner appeared at the hearing and              
          informed the Court that she intended to file tax returns for the            
          years in issue.  In response, counsel for respondent informed the           
          Court that if petitioner were in compliance and if she were to              
          concede the case, respondent would withdraw his request for the             
          imposition of a penalty under section 6673.  Under the                      
          circumstances, the Court denied respondent’s motion for summary             
          judgment in order to allow petitioner time to file her tax                  
          returns.                                                                    
               I.  Respondent’s Second Motion for Summary Judgment                    
               Contrary to her representation to the Court, petitioner                
          failed to file tax returns for the years in issue or to work with           
          respondent’s counsel toward that end.  As a result, on February             
          8, 2002, respondent filed a second Motion For Summary Judgment              
          And To Impose A Penalty Under I.R.C. Section 6673.  It is this              
          motion that is before us at this time.                                      
               In his motion, respondent asserts that there is no dispute             
          as to a material fact and that respondent is entitled to judgment           
          as a matter of law.  In particular, respondent contends that                
          because petitioner received the notices of deficiency dated May             






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