- 11 - 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 notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011