Kansas Court of Tax Appeals Marian M ) Docket No._____________ Petitioner, ) Vs. ) Motion for Enlargement of Time KS Department of Revenue ) Respondent. )
In accordance with FrCiv 6, Petitioner hereby files her Motion for Enlargement of Time of the trial date based on the following:
1. Petitioner sought to obtain authenticated printouts and forms from Respondent that are intended for use in this case. Petitioner requested these documents through Discovery on June 15 and again on July 24.
2. DOR Counsel, Tammy Lord did not respond until August 8 and then responded via telephone and not with the documentation requested.
3. During the phone conversation on August 8, Ms. Lord stated she did not have any authenticated forms. Ms. Lord stated the only documentation she did have are IRS printouts. She stated she would send these to me.
4. Said transcripts were mailed (postmarked) August 10, but Petitioner was out of town taking care of her elderly aunt who is 88 years of age, and has many health issues, back east until August 25. Petitioner must return there again in December.
5. Petitioner is not a skilled attorney and needs more time before the trial date of September 30 to review the materials for accuracy. Especially since Petitioner’s IRS case for 2002 was dismissed in her favor and her case for 2001 is currently on appeal.
6. Petitioner is also reconstructing the amounts paid to fourteen drivers who were the actual recipients of any monies by UPS-SCS.
7. Many of the records of the individual drivers are now missing so I must use a master list to reconstruct each month and year the drivers fulfilled contracts for jobs for UPS-SCS. UPS-SCS only wanted to send one check each month and I allowed them to put the contract under my social security number.
8. I had previously requested from UPS-SCS to resend my missing "Combined tax statements” for the years in question. They could not find my records. I called again today, August 27, and they said they would try to get the information to me.
9. I need time to reconstruct the amounts, so you can see that the drivers earned the largest majority of the money that was sent each month to me. Also I will be able to show that I did not earn more than the $5,250 for the year and therefore was not required under the KSDOR General Information, page 11 to file a return.
10. Respondent stated she had no objection to an extension of time.
11. IRS documentation is known to be full of errors and unless authenticated W-2s or 1099s can be produced DOR should concede this case.
12. In conclusion Petitioner requests a 60 day extension before this case is heard.
Certificate of Service: I hereby certify that on this date I sent properly a copy of this Motion for Enlargement of Time to:
KS Dept of Revenue
Legal Services Bureau
DSOB 915 SW Harrison 2nd Floor
Topeka, KS 66612-1588
KS Court of Tax Appeals
915 SW Harrison
Topeka, KS 66612-1505
__________________________ August 28, 2009 Marian M. Wichita, KS 67211