Gilbert Vasquez - Page 35

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          the May 16, 2003, letter.”  The May 16, 2003, letter stated in              
          several places that petitioner should respond by “06/15/2003”.              
          The notice of deficiency was issued on July 18, 2003, and                   
          petitioner proceeded promptly thereafter to consult and then                
          retain Moffatt to represent him in this matter.  Petitioner has             
          not identified any other “request of the Internal Revenue                   
          Service” to which he might have been responding “On or about May            
          2003”.                                                                      
               Secondly, in order to believe that petitioner provided the             
          documents to respondent as stated in his declaration, it appears            
          that we also have to believe that petitioner had the documents in           
          late July 2003, when he retained Moffatt and either (a)                     
          petitioner did not then give the documents to Moffatt or (b)                
          petitioner did then give the documents to Moffatt but Moffatt               
          chose to “sit on” the documents for many months until early April           
          2004, when the first motion in limine was filed.19                          
               Petitioner’s statement in his declaration that he mailed the           
          indicated documents to respondent on or about May 2003 does not             
          ring true.  See, e.g., Burrill v. Commissioner, 93 T.C. 643, 662            
          n.24 (1989).                                                                
               We have also attempted to take into account petitioner’s               
          contention in his opening legal memorandum as follows:                      


               19 Moffatt’s hourly itemization shows that his first contact           
          with respondent (apart from a Freedom of Information Act request)           
          was a relatively brief telephone call “to IRS” on Feb. 10, 2004.            




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