- 8 - from you by November 9, 2001, I will file a motion under Tax Court Rule 91(f) to compel you to stipulate to facts. On December 14, 2001, the Order to Show Cause Under Rule 91(f) was issued to petitioner. Petitioner responded to that order, attempting to condition his stipulation on recognition of his assertion of the Fifth Amendment privilege, but he showed neither reasonable fear of incrimination nor reasonable doubt as to the accuracy of the proposed stipulations. By Order dated January 10, 2002, the matters set forth in the proposed stipulation were deemed established for purposes of this case. The case was called from the calendar in Phoenix, Arizona, on January 28, 2002. The respective trial memoranda of the parties were filed. Petitioner’s trial memorandum set forth inapplicable legal authorities dealing with illegal income in support of his argument that respondent had the burden of proof. Under evidentiary problems, petitioner set forth the following: Evidentiary Problems: The evidence the Respondent apparently intends to use the W-2's or 1099's. The W-2's are jurisdictionally barred as they are reports from “Wages” alleged to have been paid under Subtitle C. This Court is without jurisdiction to determine the Petitioner’s ‘employment’ status absent a self-employment tax claim. The W-2's or 1099's are otherwise invalid because they must be submitted to the IRS by the preparer under penalty of perjury. 26 U.S.C. sec. 6065. Trial was set for January 30, 2002.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011