- 7 - 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 MayPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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