Gerald L. and Jessica P. Frey - Page 36

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          In the Court’s May 29, 2003 Order, we found that petitioners’               
          petition and certain exhibits attached thereto contained                    
          statements, contentions, arguments, and questions that were                 
          frivolous and/or groundless.  We conclude that the following                
          allegations in petitioners’ petition raise valid issues that we             
          shall address:  Petitioners’ allegation that the Appeals Office             
          improperly refused to allow them to make an audio recording of              
          their Appeals Office hearing, as required by section 7521(a)(1),            
          and petitioners’ allegation that petitioners’ unpaid liability              
          for 1996 and petitioners’ unpaid liability for 1997 were                    
          discharged in petitioners’ bankruptcy proceeding.                           
               We consider first petitioners’ position that the refusal by            
          the Appeals Office to permit them to make an audio recording of             
          the Appeals Office hearing held on November 20, 2002, was                   
          improper under section 7521(a)(1).  Throughout the period                   
          commencing with petitioners’ sending to the IRS their 1996 Form             
          1040 reporting total income of $0 and total tax of $0 and ending            
          with their filing briefs with the Court, petitioners have made              
          statements, contentions, arguments, and requests and raised                 
          questions that the Court finds to be frivolous and/or groundless.           
          Consequently, even though we held in Keene v. Commissioner, 121             
          T.C. 8 (2003), that section 7521(a)(1) requires the Appeals                 


               3(...continued)                                                        
          frivolous and/or groundless.                                                




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