Crevenne C. and Barbara A. Carrillo - Page 11

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          claims.  After respondent filed a response, the Court denied                
          petitioners’ motion on November 15, 2004, as their claims were              
          both factually and legally insufficient to support any relief in            
          this proceeding.  We also cautioned petitioners to take heed of             
          our earlier warning with regard to section 6673.                            
               This case was called from the calendar of the trial session            
          of the Court in Las Vegas, Nevada, on December 6, 2004, and a               
          trial was held the following day.  At the outset, the Court                 
          explained to Mr. Carrillo, who appeared on behalf of himself and            
          his wife, as follows:                                                       
                    THE COURT:  * * *  And if you review my order                     
               which was issued in this case, Mr. Carrillo, and that                  
               order is dated September 15, 2004, denying the                         
               government’s motion for summary judgment, I have                       
               already held as a matter of law that the government did                
               fail to provide you with the right to record a hearing,                
               which you were entitled to.                                            
                    So you can consider that issue established, and I                 
               believe that Mr. Thorley acknowledged that the Court as                
               a whole had concluded that, and the government has now                 
               acquiesced in that error.                                              
                    The issue that you need to keep and be aware of is                
               that in another case issued the same day as Keene, the                 
               Kemper case, the Court found that where the taxpayers                  
               are making only frivolous arguments for delay, which                   
               have been routinely rejected by our court and all                      
               higher courts, that there is no need to remand the case                
               for a hearing if that is the only case that the                        
               taxpayer is making, unless the taxpayer is making an                   
               argument that is permitted under * * * [6330], there is                
               no need to remand it.                                                  
                    We can decide the case on the evidence before us,                 
               and this is your trial.  It is being recorded                          
               verbatim., word-for-word, and you can get a copy of it.                
               And so if you have any other issues that you have not                  





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