Kevin P. Burke - Page 6

                                        - 6 -                                         
          governing the assessment and collection of petitioner's                     
          outstanding tax liabilities for 1993 to 1997 were met.                      
               Petitioner filed with the Court a timely Petition for Lien             
          and Levy Action.  Citing Keene v. Commissioner, 121 T.C. 8                  
          (2003), petitioner argued that respondent abused his discretion             
          in issuing a notice of determination without permitting                     
          petitioner to make an audio recording of the administrative                 
          hearing.                                                                    
               After filing an answer to the petition, respondent filed a             
          Motion for Summary Judgment and to Impose a Penalty Under I.R.C.            
          �6673.  Citing Kemper v. Commissioner, T.C. Memo. 2003-195,                 
          respondent asserted that petitioner’s arguments were frivolous              
          and groundless, and, therefore, it was harmless error to deny               
          petitioner the opportunity to make an audio recording of the                
          administrative hearing.  Although the Court denied respondent’s             
          motion, the Court cautioned petitioner that if he persisted in              
          making frivolous and groundless arguments the Court would                   
          consider imposing a penalty on petitioner under section 6673.               
               This case was called for trial in Phoenix, Arizona.  At the            
          start of the trial, the Court reminded petitioner of the Court’s            
          earlier admonishment that he should abandon all frivolous                   
          arguments.  Contrary to the Court’s warning, petitioner continued           
          to assert during the trial that the notices of deficiency that              
          the Court sustained in the deficiency case at docket No. 13410-00           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011