- 13 - doing better by Lovenguth than moving for a dismissal of the case for failing to properly prosecute. See generally Levy v. Commissioner, 87 T.C. 794 (1986) (discussing effects of case dismissal). But we must also look at the process from Lovenguth’s perspective. And in doing so, we must remember that Lovenguth has no legal training and is suffering from a weakened mental and physical condition. This case is not the first time Lovenguth tried to challenge the IRS in our Court. Some of his attempts were unsuccessful because he missed deadlines, and when he learned that his untimeliness was partly responsible for his tax liability tripling, he was understandably fearful. The Commissioner nevertheless argues that Lovenguth always knew that the IRS was his adversary and never believed that he was being assisted. We agree that Lovenguth did know the IRS was his adversary in that it was trying to collect a debt from him. But Lovenguth also knew that the IRS offered help, because he had actually been referred to the IRS’s Taxpayer Advocate Service at one time. And so we find it reasonable that Lovenguth believed that the Commissioner’s counsel was assisting him and not just playing the role of his adversary. The Commissioner finally argues that Lovenguth has capacity to enter into the stipulation because he is “cognizant enough” to request an abatement of interest. The Commissioner argues thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007