James L. Jensen - Page 9

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          file a motion for summary judgment and would be requesting a                
          penalty pursuant to section 6673.                                           
               On May 21, 2003, the Court denied petitioner’s motion to               
          dismiss.  That same day, respondent filed a motion for summary              
          judgment and to impose a penalty under section 6673 (motion for             
          summary judgment).  Attached as exhibits to the motion for                  
          summary judgment, among other things, were Forms 4340, dated June           
          19, 2001, and computer-generated transcripts (TXMODA), dated June           
          14, 2001, for petitioner’s 1994, 1995, 1996, and 1997 tax years.            
               On May 22, 2003, the Court ordered petitioner to file a                
          response to respondent’s motion for summary judgment on or before           
          June 5, 2003, and calendared the motion for hearing at the trial            
          session of the Court commencing on June 16, 2003.                           
               After receiving a call from the parties that petitioner was            
          a fisherman and it was difficult for him to get to Anchorage,               
          Alaska, the Court calendared the hearing for a date and time                
          certain of 9 a.m. on June 26, 2003.3                                        
               On June 26, 2003, at 9:30 a.m., petitioner’s case was                  
          called.  Petitioner failed to appear.  Instead, petitioner’s                


               3  Pursuant to Fed. R. Evid. 201, we take judicial notice of           
          the following facts:  Cordova, Alaska, is approximately 125 to              
          145 miles from Anchorage, Alaska, “as the crow flies” and                   
          approximately 390 miles away by car.                                        
               Accordingly, because of the distance and difficulty of                 
          getting from Cordova to Anchorage, the Appeals officer,                     
          respondent, and the Court were willing to accommodate petitioner.           





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