Chester E. Davis - Page 6




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          Summary Judgment                                                            
               Both parties have filed motions for summary judgment so that           
          each ostensibly believes that this matter is ripe for resolution            
          as a matter of law.  Summary judgment is appropriate if there is            
          no genuine issue of a material fact and a decision may be                   
          rendered as a matter of law.  Rule 121(b); Fla. Peach Corp. v.              
          Commissioner, 90 T.C. 678, 681 (1988).  In this case there is no            
          apparent disagreement about the material facts and circumstances            
          in the controversy.  Accordingly, this case is ripe for                     
          resolution by means of summary judgment.                                    
          Petitioner’s Representative                                                 
               Petitioner complains that his representative, Mr. Hubacek,             
          was not allowed to represent petitioner before the IRS or to                
          receive copies of any correspondence from respondent to                     
          petitioner.  In that regard, respondent’s representative, in her            
          affidavit attached to the summary judgment motion, stated that              
          Mr. Hubacek had been permanently barred from providing tax                  
          services and/or representing taxpayers before the IRS.  In that             
          regard, petitioner was not prevented from either finding another            
          representative or representing himself, as he did.  Under these             
          circumstances, it was not an abuse of discretion to exclude Mr.             
          Hubacek from representing petitioner or receiving copies or                 
          correspondence under a proffered power of attorney.                         








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