- 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 MayPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011