Michael E. Nestor - Page 5




                                        - 5 -                                         
          issued an order remanding petitioner’s tax years 1990-91 to the             
          Commissioner to provide an opportunity for a hearing pursuant to            
          section 6330(b) relating to petitioner’s Federal income tax                 
          liability for 1990-91.                                                      
               In our order remanding petitioner’s 1990-91 tax years to               
          respondent, we stated:                                                      
                    Petitioner’s litigation position so far in this                   
               case prompts us to question whether he will use the                    
               hearing ordered herein to raise bona fide issues                       
               relating to his underlying tax liability for 1990 and                  
               1991.  If he uses that hearing only to raise frivolous                 
               issues, like those rejected in Nestor v. Commissioner,                 
               118 T.C. [162] (2002), we will consider an appropriate                 
               dispositive motion made by respondent and imposition of                
               a penalty of up to $25,000 under section 6673.                         
               We also ordered the parties to file a status report with the           
          Court concerning petitioner’s 1990-91 tax years.                            
          E.   The Opportunity for a Hearing Relating to Petitioner’s                 
               1990-91 Tax Years                                                      
               On May 7, 2002, respondent’s Appeals Office sent petitioner            
          a letter stating that the section 6330(b) hearing relating to               
          petitioner’s 1990-91 tax years was scheduled for May 23, 2002.              
          On May 17, 2002, petitioner called respondent’s Appeals officer             
          and said he could not attend a hearing on May 23, 2002.  He asked           
          that the hearing be rescheduled for October 12, 2002.  The                  
          Appeals officer told petitioner that he would reschedule the                
          hearing for a date on or before June 28, 2002, the date the                 
          parties were due to file the status report ordered by the Court.            
          Petitioner stated that he would call the Appeals Office on May              





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011