- 7 - and that the Court would entertain any motions either side wished to make, including “a motion under Rule 91(f) to force stipulation”. The two cases were later consolidated and calendared for trial at the Court’s October 18, 2004, session in Phoenix. On August 10, 2004, respondent sent to petitioner a letter scheduling a second pretrial conference pursuant to Branerton Corp. v. Commissioner, supra, for August 18, 2004.5 Respondent also cautioned petitioner to review and consider the information he had previously been provided regarding his legal arguments and Fifth Amendment assertions. Petitioner responded with a letter dated August 18, 2004, stating that his health problems prevented a face-to-face meeting and that respondent was in error with regard to the validity of petitioner’s Fifth Amendment objections. Petitioner indicated that he would continue to assert the Fifth Amendment in response to proposed stipulations of fact and that if respondent should seek an order to show cause under Rule 91(f), petitioner would request appropriate sanctions for unnecessarily multiplying the litigation. On August 19, 2004, respondent sent to petitioner a letter enclosing a proposed stipulation of facts. This letter was 5 The Court notes that respondent’s motion to impose a sec. 6673 penalty refers, in an apparent typographical error, to this letter as having been sent on Aug. 19, 2004. The copy of the letter itself contained in the record is dated Aug. 10, 2004.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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