- 11 - notwithstanding the Court’s previous statement.” Respondent’s counsel stated that he was not relying on any alternative theories and would proceed on the assignment of income theory reflected in the notices of deficiency. In response to the Court’s inquiry, respondent declined to make any concession based on community property income because “it’s not uncommon in this state for professionals to have some arrangement with respect to community property.” Petitioner declined to present evidence, after being advised again by the Court that the stipulated bank records satisfied the Government’s burden. Petitioner declined to testify or to identify the person advising her on the erroneous legalistic arguments set forth in her filings, citing the Fifth Amendment. Petitioner did, however, identify her 1996 and 1997 renewal applications for her license with the Arizona State Board of Chiropractic Examiners, which reflected her office address as Canyon State Chiropractic. Respondent’s motion to dismiss was taken under advisement, and petitioner was advised that, while the Court was awaiting the transcripts to be used in preparing this opinion, she might respond to the motion, make an offer of proof, and present records dealing with deductions to respondent’s counsel. Nothing has been received from petitioner indicating that she has abandoned her erroneous and frivolous positions in this case.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