- 9 - petitioner asserted that the Court had incorrectly concluded who has the burden of proof in this case and complained that the Court’s comments during the conference telephone call were indicative of bias and incompetence.1 The Motion to Continue was denied. (There is no explanation in the record why the documents that petitioner wishes the Court to have, such as the Motion for a Date and Time Set Certain for Trial and the Motion to Continue, are timely delivered to the Court, while other documents, such as petitioner’s trial memorandum and her response to the order to show cause, are delayed due to problems with receipt of the Court’s mail.) On January 25, 2002, petitioner’s Motion to Recuse was filed. Petitioner also filed a Motion in Limine seeking to preclude respondent’s attributing income to petitioner either from the limited liability company or from a trust that respondent characterized as sham or as a grantor trust. 1Substantially identical motions to recuse based on this conference telephone call were filed in other cases on the Phoenix calendar; in the same cases, other substantially identical documents had repeatedly been filed. Those cases include Broderick v. Commissioner, docket Nos. 432-00 and 2070-01; Burke v. Commissioner, docket No. 13410-00; Cahill v. Commissioner, docket No. 303-01; Frentheway v. Commissioner, docket No. 8041-00; Lehmann v. Commissioner, docket No. 1008-01. All of these cases appear to involve trusts of the sort that have been consistently held ineffective to avoid tax on services rendered by taxpayers. See, e.g., Johnston v. Commissioner, T.C. Memo. 2000-315 n.2; Lipari v. Commissioner, T.C. Memo. 2000-280; George v. Commissioner, T.C. Memo. 1999-381.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011