- 5 - notice of deficiency attached to the Request for Admissions, petitioner’s response was: “Admit this a copy of the Notice of Deficiency. Deny that there has been a taxable year.” In response to the balance of the requested admissions, petitioner asserted the following: OBJECTION: Because the request could be used as evidence to incriminate the Petitioner, the Petitioner can neither admit nor deny this fact. On December 13, 2001, respondent filed a Motion to Show Cause Why Proposed Facts in Evidence Should Not Be Accepted as Established. The proposed Stipulation of Facts attached to the motion set forth facts that should not reasonably have been disputed, in accordance with Rule 91. The documents that were attached included copies of third-party records provided to respondent that were the basis of the notices of deficiency. Also attached to respondent’s motion were copies of correspondence between the parties. In a letter to petitioner dated September 28, 2001, respondent’s counsel enclosed the proposed stipulation and supplemental stipulation. Respondent’s counsel reminded petitioner of the Tax Court Rule that facts and documents about which there should be no disagreement should be stipulated. Respondent also attached a copy of the notice of trial and Standing Pre-Trial Order. Respondent’s counsel letter also stated:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011