Alan D. Stang - Page 8

                                        - 8 -                                         
          eventually followed on September 3, 2004, with the filing by                
          respondent of a motion under Rule 91(f) for an order to show                
          cause why proposed facts in evidence should not be accepted as              
          established.  Therein respondent also updated the Court that as             
          of the date of the motion, no criminal investigation of                     
          petitioner was being pursued.  The Court granted respondent’s               
          motion and on September 7, 2004, issued to petitioner an order to           
          show cause in writing on or before September 27, 2004, why the              
          matters set forth in respondent’s proposed stipulation of facts             
          and accompanying exhibits should not be accepted as established.            
               On October 4, 2004, the Court received from petitioner a               
          response, postmarked timely, to the order to show cause.  The               
          response reflected that petitioner objected to each stipulation,            
          other than the perfunctory statements identifying the notices of            
          deficiency and petitioner’s address, on grounds of the Fifth                
          Amendment.  Petitioner also made the further objection that                 
          copies of checks from GCE payable to petitioner were hearsay and            
          secondary evidence.  In advocating the propriety of his Fifth               
          Amendment stance, petitioner placed particular reliance on United           
          States v. Nipper, 210 F. Supp. 2d 1259 (N.D. Okla. 2002).  After            
          reviewing petitioner’s submissions, the Court on October 6, 2004,           
          issued an order making absolute the order to show cause and                 
          deeming established for purposes of these cases the matters set             







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