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that request with a supervisor, it was determined that
reassignment was not required and would only create delay. Mr.
Skidmore contacted petitioners’ representative with the foregoing
information, and the two scheduled a telephonic hearing for May
19, 2004.
On May 19, 2004, Mr. Planegger called and, pursuant to his
request for more time to complete updated Forms 433-A and 433-B,
the hearing was rescheduled for June 8, 2004. In a followup
letter of the same date, Mr. Planegger confirmed the hearing
appointment and a June 4, 2004, deadline to submit updated
financial information. The letter also reiterated objection to
Mr. Skidmore’s consideration of the case. After two additional
requests from petitioners’ representative to postpone, the
hearing was reset for June 22, 2004, with the revised financial
data to be provided by June 18.
Under cover of a letter dated June 17, 2004, petitioners
sent a profit and loss statement for Cox Associates, Inc.,
showing a net loss of $12,996.81 during the January through April
2004 period, an income statement for Mr. Cox’s sole
proprietorship showing a net loss of $2,094 for the same period,
a purported “Personal Balance Sheet” for petitioners, and copies
of various bank statements. The letter stated that petitioners’
assets and liabilities had not changed since Forms 433-A and 433-
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