Alan D. Stang - Page 9

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          forth in the proposed stipulation of facts and accompanying                 
          exhibits.                                                                   
               Prior to trial, on October 1, 2004, respondent served on               
          petitioner a copy of respondent’s pretrial memorandum.  The                 
          memorandum discussed issues raised in the notices of deficiency             
          and additionally, among other things, noted an intention on the             
          part of respondent to request imposition of a penalty under                 
          section 6673 and potentially to address certain evidentiary                 
          concerns through presentation of a declaration at trial pursuant            
          to rules 803(6) and 902(11) of the Federal Rules of Evidence.               
               The cases were tried on October 20, 2004.  At the outset of            
          the proceedings, counsel for respondent sought to move into                 
          evidence the exhibits accompanying the deemed stipulation of                
          facts.  Petitioner repeated his Fifth Amendment and hearsay                 
          objections.  The Court overruled these objections and admitted              
          the exhibits, cautioning petitioner that frivolous arguments made           
          for purposes of delay could result in the imposition of                     
          additional penalties.  Petitioner declined to offer any testimony           
          or evidence, stating:  “I have no witnesses.  I have no                     
          documents.  And basically as I’ve stated, I believe that the                
          Internal Revenue Service has the initial burden of proof.  And              
          they haven’t met that so I may remain silent until they have met            
          that.”                                                                      







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