Robert C. Kolbeck - Page 3

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          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...)           





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