- 15 - were given to the IRS during the audit; and HORN has been requesting these records for over two years, and the IRS failed and continues to fail to produce them. The informal request for continuance mentioned in petitioner’s objection to respondent’s motion was not couched in a motion; the Court did not grant the request. The case was tried at the Court’s March 2001 San Francisco trial session. On March 15, 2001, at the beginning of the trial, the Court granted respondent’s oral motion to withdraw respondent’s motion to sever. Petitioner failed to comply with the Court’s orders that he respond properly to respondent’s requests for admissions and to respondent’s written interrogatories and document requests. Respondent’s discovery requests reflected, among other things, respondent’s efforts to bring out all evidence regarding petitioner’s mental condition during all relevant periods, including medical records, and any evidence petitioner might have to support his claims of unreported losses and the tax years in which they had occurred. At the trial, petitioner offered no documentary evidence regarding his mental condition in addition to the reports previously referred to, other than records of petitioner’s receipt of psychotherapy services at least once in 1999 and at least 9 times in August through November 2000. Petitioner offered no evidence to support any additional deductions or to indicate the taxable year or years in which theyPage: 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