- 3 - Petitioner claims that he was mentally incompetent when he signed his Federal income tax returns for the years in issue,2 and when he signed Forms 4549-CG, Income Tax Examination Changes, for 1990 and 1991 through 1993, in which he accepted respondent’s audit changes, agreed to immediate assessment of the deficiencies, and waived his right to challenge the assessments in the Tax Court. Petitioner has challenged the proposed levies on the sole ground that he does not owe the assessments because respondent failed to allow deductions for worthlessness of his stock in, or uncollectability of his loans to, his affiliated corporations, James Horn Construction Co. (Horn Construction) and Horn Enterprises. We affirm respondent’s determination to proceed with the proposed levies. Petitioner has failed to establish that he was 2Rule 60(c) provides that the “capacity of an individual * * * to engage in litigation in the Court shall be determined by the law of the individual’s domicile.” Rule 60(d) provides, among other things, that if the Court believes there is a serious question about an individual’s competence to represent himself, “the Court, if it deems justice so requires, may continue the case until appropriate steps have been taken to obtain an adjudication of the question by a court having jurisdiction so to do, or may take such other action as it deems proper.” Nothing in petitioner’s statements in telephone conferences or papers filed during the pretrial phase of this case or in his demeanor and conduct at trial led the Court to believe that petitioner was incompetent to represent himself in this proceeding. Although petitioner had indicated, in a written objection to one of respondent’s motions, that he wanted a continuance to provide more time to discover evidence to support his claims, including evidence he believed was in the possession of the Internal Revenue Service, petitioner did not move for or even request a continuance on the ground of incompetence to represent himself.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011