Alan D. Stang - Page 6

                                        - 6 -                                         
          deficiency, determine that there is a zero deficiency for each              
          year, and award petitioner costs and fees.4                                 
               The case for 1999 was initially set for trial at the Court’s           
          March 1, 2004, session in Phoenix, Arizona.  Prior to the                   
          session, the parties on January 13, 2004, held a conference                 
          pursuant to Branerton Corp. v. Commissioner, 61 T.C. 691 (1974).            
          At the conference, counsel for respondent urged petitioner to               
          abandon his positions regarding nonliability for Federal income             
          tax and provided him with copies of cases rejecting such                    
          arguments.  Petitioner responded to subsequent attempts by                  
          respondent to prepare a stipulation of facts with objections on             
          Fifth Amendment grounds.                                                    
               At the call of the calendar in Phoenix on March 1, 2004,               
          petitioner filed a motion to continue describing a recent heart-            
          related medical condition.  Counsel for respondent voiced                   
          concerns stemming from the arguments and Fifth Amendment                    
          assertions advanced by petitioner.  Counsel further informed the            
          Court that he had consulted with the IRS Criminal Investigation             
          Division and had ascertained that petitioner was not under                  
          criminal investigation.  The Court granted petitioner’s motion              
          but warned petitioner that “your position is somewhat extreme”              


               4 The Court notes that to the extent that the petitions seek           
          reasonable administrative and/or litigation costs pursuant to               
          sec. 7430, any such claims are premature and will not be further            
          addressed.  See Rule 231.                                                   





Page:  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