- 9 -
petitioner with another opportunity to provide requested books
and records. The document titled “The Truth about Frivolous Tax
Arguments” provided petitioner with specific legal citations
showing why such frivolous tax arguments have been rejected.
Petitioner failed to comply with reasonable requests of the
IRS to provide books and records. Petitioner continued taking a
frivolous position throughout his IRS appeals proceedings.
Discussion
Before we address the substantive issues in the instant
case, we must decide whether the record should be reopened to
receive new evidence. After briefs were due in the instant case,
petitioner filed a motion requesting a reopening of the record
for the introduction of new evidence to support his indebtedness
and subsequent contribution of the note proceeds to the capital
of the company.
Reopening the record for the submission of additional
evidence lies within the discretion of the Court. Zenith Radio
Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 331 (1971). A
court will not grant a motion to reopen the record unless, among
other requirements, the evidence is material to the issues
involved and probably would change the outcome of the case. See
Coleman v. Commissioner, T.C. Memo. 1989-248, affd. without
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011