- 11 - Respondent’s Motion In Limine On October 21, 2005, respondent filed a Motion In Limine to preclude petitioner from introducing any testimony or documentary evidence challenging the existence or amount of his underlying tax liability. Respondent relied on the following predicate facts in support of his motion in limine: (1) Respondent issued a notice of deficiency for 2001 to petitioner at his last known address; (2) petitioner received the notice of deficiency; and (3) petitioner failed to file a petition for redetermination with the Court. See sec. 6213(a). Respondent therefore argued that petitioner is precluded from challenging the underlying tax liability, including additions to tax and interest, in this section 6330 proceeding. Hearing On October 31, 2005, this matter was called for hearing at the Court’s trial session in Los Angeles, California. Counsel for respondent appeared and presented argument.9 Although petitioner did not appear at the hearing, he filed with the Court the following: (1) Petitioner’s Tax Court Rule 50(c) Statement In Support Of Petitioner’s Motion To Remove Small Tax Case Designation, (2) Petitioner’s Tax Court Rule 50(c) Statement In 9 At the hearing, the Court denied respondent’s oral motion to dismiss this case for lack of prosecution.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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