Henry Link - Page 5

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          his documents several years earlier.  Shortly after trial, on               
          January 24, 2006, petitioner filed a motion to reopen the record            
          in order to submit evidence of his marriage.4                               
               Respondent contends that this Court should deny petitioner’s           
          motion because respondent had requested the evidence from                   
          petitioner, and petitioner had numerous chances to provide the              
          evidence prior to and at trial and repeatedly refused and failed            
          to do so.  In the alternative, respondent requests that, if this            
          Court grants petitioner’s motion, respondent be allowed                     
          additional time to subpoena petitioner’s spouse’s son to prove              
          that petitioner’s spouse has her own income and cannot be claimed           
          as petitioner’s dependent.5  We deny petitioner’s motion to                 
          reopen the record to admit the evidence because it is the policy            
          of the Court to try all of the issues raised in a case in one               
          proceeding to avoid piecemeal and protracted litigation.  Haft              
          Trust v. Commissioner, 62 T.C. 145, 147 (1974), vacated 510 F.2d            
          43 (1st Cir. 1975).  Petitioner was given ample opportunity to              


               4Specifically, petitioner sought to introduce a marriage               
          certificate and his spouse’s Social Security number.                        
               5In petitioner’s motion he states that, because he was so              
          angered by respondent’s refusal to accept his word as proof of              
          his marital status, he forgot that he was able to provide the               
          requested information.  Petitioner further states that he                   
          retrieved his spouse’s Social Security number from her son who              
          handles all her banking.  Petitioner also states that his wife              
          receives Social Security income.  Respondent cites sec. 151(b)              
          and Turner v. Commissioner, T.C. Memo. 2004-251, for the                    
          proposition that any income petitioner’s spouse receives, however           
          small, bars petitioner from claiming his spouse as a dependent.             




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