Robert and Ines M. Gillespie, et al. - Page 22




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          remarkable than that, after an assessment of tax is made, record            
          of that assessment is posted to the IRS’ computerized record                
          system.  Davis v. Commissioner, T.C. Memo. 2007-201.  Ms.                   
          Osborn’s theory that assessment predating posting indicates                 
          something fraudulent was rejected by the court in Dahmer v.                 
          United States, 90 AFTR 2d 2002-6804, 2002-2 USTC par. 50,806                
          (W.D. Mo. 2002), in a ruling that accepted the Government’s                 
          position that                                                               
               the Dahmers’ evidence that the June 25, 1993[,]                        
               assessment was entered into the IRS administrative                     
               computer records in October 1993 provided no evidence                  
               of fraud because an assessment occurs on the date an                   
               authorized official signs a summary record of                          
               assessment containing the taxpayer’s assessment rather                 
               than the date the assessment is posted to the IRS                      
               computerized record system.  * * *                                     
          Indeed, petitioners neglect even to discuss Ms. Osborn or her               
          “cycle post date” theory in their written responses to our orders           
          to show cause, which suggests to us that they no longer attach              
          any value to her testimony or theory.  See Nicklaus v.                      
          Commissioner, 117 T.C. 117, 120 n.4 (2001) (concluding that                 
          taxpayers abandoned arguments and contentions asserted prior to             
          the filing of their brief where they failed to advance those                
          arguments and contentions on brief).  We see no merit in the                
          affirmative defense.                                                        
               Petitioners’ inability to show the merit of any averment,              
          claim, or argument advanced by them leads us to the conclusion              
          that they initiated and have maintained these proceedings                   






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