- 3 - Petitioner reported the income and expenses from his trucking activity on Schedule C, Profit or Loss From Business. In 2002, Consolidated Freightways stopped using union labor and barred union members, including petitioner, from access to its premises. Petitioner was unable to retrieve the records that he left on the premises. Sometime before January 27, 2003, respondent began an examination of petitioner’s 2000 return. On January 27, 2003, petitioner and his representative, J.A. Mattatall,3 met with 3Petitioner’s 2000 return was prepared by J.A. Mattatall, an unenrolled agent, who, at the time of trial, had been enjoined by the United States directly or indirectly from “acting as a return preparer or assisting in or directing the preparation of federal tax returns for any person or entity other than himself, or further appearing as a representative on behalf of any person or organization whose tax liabilities [are] under examination by the IRS.” United States v. Mattatall, No. CV 03-07016 DDP (PJWx), at 6 (C.D. Cal., Aug. 17, 2004) (order granting plaintiff’s motion for contempt and second amended injunction of which we take judicial notice pursuant to Fed. R. Evid. 201). In a footnote to the order, the U.S. District Court for the Central District of California provided the following pertinent explanation: In support of its position, the Government attaches the transcript of an interview between the IRS and a taxpayer who brought Mattatall along as his tax preparer and representative. At the interview, * * * * [Mattatall] insisted that the taxpayer could choose to submit an affidavit that his tax return was correct, and that regardless of the IRS’s request for documents or other information, the affidavit is all that the taxpayer need provide. The Government argues that Mattatall’s position is frivolous, and the Court agrees. Section 7602 of the Internal Revenue Code authorizes the IRS to examine “any books, papers, records, or other data” which “may be relevant” to an (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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