Curtis B. Keene - Page 58

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          arguments as to why he does not owe any tax, it is reasonable to            
          presume that he will be advancing at that hearing those same                
          types of frivolous and/or groundless contentions and arguments.             
               In Lunsford v. Commissioner, supra, the Court did not give             
          the taxpayers the benefit of the doubt that they would abandon              
          their frivolous and/or groundless arguments if they had the                 
          opportunity for another hearing.  Nonetheless, the majority in              
          the instant case is giving petitioner the benefit of the doubt by           
          requiring Appeals to hold a hearing that petitioner may audio               
          record because the majority presumes that, despite petitioner’s             
          long history of advancing tax-protester types of contentions and            
          arguments, he might decide to advance at such a hearing                     
          contentions and arguments that have some basis in the facts and             
          the law.  I do not believe that the majority should have given              
          the benefit of the doubt to petitioner.  The majority should have           
          required petitioner to amend his petition or otherwise advise the           
          Court what contentions and arguments he intends to make at an               
          Appeals hearing so that the Court could have determined whether             
          such contentions and arguments are frivolous and/or groundless.             
          Only if the Court were to determine that such contentions and               
          arguments have a basis in the facts and the law should the                  
          majority have remanded the matter to Appeals for a hearing that             
          the majority has held section 7521(a)(1) requires petitioner be             
          given the opportunity to audio record.  By not requiring before             






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