- 15 - adjustments. Petitioner was ordered to show cause why the proposed facts in the stipulation should not be admitted as true, whereupon petitioner made directly contradictory statements under oath. Petitioner asserted a jurisdictional challenge to the notices of deficiency, premised on the shopworn argument that the notices were void because they were not issued by an authorized individual with either statutory or delegated authority to do so. That argument is without merit, see Nestor v. Commissioner, 118 T.C. 162, 165 (2002), and we denied that motion. Petitioner’s intention to institute and maintain this proceeding for delay is also indicated by his failure to file a pretrial memorandum, as required by the Court’s pretrial order. Moreover, at the trial, the Court ordered petitioner to file a memorandum in support of his objections to two of respondent’s exhibits, but petitioner failed to do so. In sum, petitioner failed to file Federal income tax returns for the years at issue and offered no credible justification for that failure. He instituted a proceeding in this Court without assigning any specific errors to respondent’s determinations. He failed to cooperate with respondent in preparing this case for trial, and essentially failed to produce any evidence whatsoever to justify his blanket rejection of respondent’s deficiency determinations. We interpret those actions as evidence of his intent to delay this proceeding; he has also advanced frivolous arguments. He has caused both the Court and respondent to expendPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011