George R. and Karen S. Kemper - Page 13

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          contains statements, contentions, and arguments that the Court              
          finds to be frivolous and/or groundless.9                                   
               We turn to petitioners’ argument under section 7521(a)(1)              
          that the refusal by the Appeals Office to permit petitioners to             
          make an audio recording of the Appeals Office hearing held on               
          August 29, 2002, was improper.  Throughout the period commencing            
          with petitioners’ filing their 1995 joint return with respondent            
          and ending with their filing petitioners’ response with the                 
          Court, petitioners have made statements and requests and advanced           
          contentions, arguments, and questions that the Court has found to           
          be frivolous and/or groundless.  Consequently, even though we               
          held in Keene v. Commissioner, 121 T.C. __ (2003), that section             
          7521(a)(1) requires the Appeals Office to allow a taxpayer to               
          make an audio recording of an Appeals Office hearing held pursu-            
          ant to section 6330(b), we conclude that (1) it is not necessary            
          and will not be productive to remand this case to the Appeals               


               9The frivolous and/or groundless statements, contentions,              
          and arguments in petitioners’ response are similar to the types             
          of frivolous and/or groundless statements, contentions, and                 
          arguments in responses by certain other taxpayers with cases in             
          the Court to motions for summary judgment and to impose a penalty           
          under sec. 6673 filed by the Commissioner of Internal Revenue in            
          such other cases.  See, e.g., Smith v. Commissioner, T.C. Memo.             
          2003-45.                                                                    
               Although not altogether clear, petitioners’ response may               
          also be raising the argument under sec. 7521(a) advanced in the             
          petition that respondent’s refusal to allow petitioners to make             
          an audio recording of the Appeals Office hearing held on Aug. 29,           
          2002, was improper.                                                         





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