Edward R. Arevalo - Page 10

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          own or operate as a trade or business and * * * [petitioner] did            
          not have depreciable interest in the pay phone”.  The IRS also              
          disallowed the disabled access credit claimed by petitioner                 
          because “no business reason has been given or verified to comply            
          with ADA of 1990”.                                                          
          Procedural Matters                                                          
               The petition in this case was prepared by the office of Tom            
          Buck, C.P.A. (Buck), and was filed with the Court on July 26,               
          2004.  Buck’s letterhead asserts:  “Understanding how to play the           
          game is half the battle.”  On September 8, 2004, Buck sent a                
          letter to petitioner that stated that “my purpose was to work               
          within the IRS system to buy you as much time as possible, before           
          the IRS has a legal right to enforce collection action against              
          you.”  By notice served October 5, 2004, this case was set for              
          trial on March 7, 2005.  Petitioner failed and refused to appear            
          for trial and attempted to withdraw his petition through a letter           
          received by the Court on the day of trial.                                  
                                     Discussion                                       
          Burden of Proof                                                             
               As a preliminary matter, we note that section 7491 is                  
          applicable to this case because the examination in connection               
          with this action was commenced after July 22, 1998, the effective           
          date of that section.  See Internal Revenue Service Restructuring           
          and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c)(1), 112               






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