Herbst Asset Management Trust, et al. - Page 19




                                       - 19 -                                         
          10001-00, neither Ms. Herbst nor any authorized representative of           
          Ms. Herbst appeared.  At the trial held by the Court in the case            
          at docket No. 10002-00, neither Mr. Herbst nor any authorized               
          representative of Mr. Herbst appeared.                                      
               The respective written responses by Ms. Herbst and Mr.                 
          Herbst to respondent’s respective motions to dismiss for lack of            
          prosecution and to impose sanctions under section 6673 in the               
          cases at docket Nos. 10001-00 and 10002-00 do not contain any               
          valid reason why those cases should not be dismissed for lack of            
          prosecution.  Those respective responses contained contentions              
          and arguments that the Court found in the Court’s respective                
          Orders in those cases dated January 18, 2002, to be frivolous               
          and/or groundless.  The joint brief filed by Ms. Herbst and Mr.             
          Herbst (and Herbst Management Trust and Herbst Charitable Trust)            
          also contains statements, contentions, and arguments that the               
          Court finds to be frivolous and/or groundless and do not set                
          forth any valid reason why the cases at docket Nos. 10001-00 and            
          10002-00 should not be dismissed for lack of prosecution.                   
               Section 7491(c) provides in pertinent part:                            
               SEC. 7491.  BURDEN OF PROOF.                                           
                    (c) Penalties.–-Notwithstanding any other provi-                  
               sion of this title, the Secretary shall have the burden                
               of production in any court proceeding with respect to                  
               the liability of any individual for any penalty * * *.                 
               Section 6662(a) imposes an accuracy-related penalty equal to           
          20 percent of the underpayment of tax resulting from, inter alia,           






Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011