George A. Lovenguth - Page 6




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          vacated, it would force the Court to decide the case solely on              
          this paltry record.  Noting the extreme disparity in legal                  
          skills3 and its probable effect on the ability of the judicial              
          process to reach a just result, pro bono counsel stepped in to              
          represent Lovenguth.  Those counsel completed their review of the           
          spotty record and have now moved to vacate or modify the                    
          stipulations so that the case can be decided on its merits.                 
               As reformulated by counsel, Lovenguth bases his claim for              
          interest abatement on three arguments.  The first is that he was            
          incompetent to attend to his daily living activities, let alone             
          litigation in this court, when his original deficiency case was             
          dismissed for lack of prosecution.  The second is that the                  
          Commissioner failed to make the necessary efforts to contact him,           
          which resulted in a large portion of the interest Lovenguth was             
          forced to pay.  His third claim, which is an extension of the               
          second, is that because his VA benefits were paid out of Treasury           
          funds and the IRS is part of the Treasury, the Commissioner                 
          should have been able to locate him.  Lovenguth believes that had           
          the Commissioner contacted him in a timely manner, he would have            
          been able to satisfy both his tax liability and the then much               
          smaller interest liability out of his lump-sum VA payment.                  


               3 Here, for instance, is Lovenguth’s entire brief on the               
          merits, which he wrote in longhand:  “I request my abatement of             
          be approved.  The Dept. Treasury have been sending me my                    
          compensation payment for 100 percent service-connection since               
          1991.  IRS clearly knew my addresses.”                                      





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