Robert and Ines M. Gillespie, et al. - Page 21




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          disposing of the motions for summary judgment, we addressed each            
          item in the catalog of errors and defenses presented in                     
          petitioners’ written responses, and, except with respect to the             
          affirmative defense of the statute of limitations (with respect             
          to which, in docket No. 3405-05L, we withheld judgment), we found           
          that none raised any issue that demonstrates error or abuse of              
          discretion on the part of the settlement officer.  We incorporate           
          herein by this reference those findings and the analyses                    
          supporting them (summarized supra in our background discussion).            
               With respect to their affirmative defenses of the statute of           
          limitations, petitioners apparently rely only on the stipulated             
          fact that Ms. Osborn reviewed petitioners’ records and advised              
          counsel for petitioners that the assessments were time barred.              
          The parties have also stipulated that Ms. Osborn is a forensic              
          accountant and she is not recognized as an enrolled agent before            
          the IRS.  Ms. Osborn did not testify in these cases.  Ms. Osborn            
          did, however, testify in other consolidated cases heard at the              
          Las Vegas trial session.  She testified to nothing more                     


               2(...continued)                                                        
          Moreover, we believe that the Court of Appeals for the Seventh              
          Circuit, where, barring a stipulation to the contrary, any appeal           
          by petitioner would lie, see sec. 7482(b), would agree.  See                
          Coleman v. Commissioner, 791 F.2d 68, 71-72 (7th Cir. 1986) (“The           
          purpose of §§ 6673 and 6702, like the purpose of Rules 11 and 38            
          [Fed. R. Civ. P. and Fed. R. App. P., respectively] and of [28              
          U.S.C.] § 1927, is to induce litigants to conform their behavior            
          to the governing rules regardless of their subjective beliefs.”).           







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