John L. Collins - Page 8

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                  year, by delinquently filing his 1993 return in late                                   
                  May, 1994, and then delaying the payment of his 1993                                   
                  admitted tax liability throughout 1994, while making                                   
                  large expenditures for real estate and other assets.                                   
                        al).  Despite the petitioner’s arrest in 1995 and                                
                  respondent’s I.R.C. � 6861 jeopardy assessment and                                     
                  immediate collection action against him, petitioner has                                
                  still failed to file any 1994 federal income tax return                                
                  reflecting his illegal income.                                                         
                        am).  Petitioner fraudulently failed to file a                                   
                  federal income tax return for the taxable year 1994.                                   
                        an).  All of the underpayment of tax required to                                 
                  be shown on petitioner’s federal income tax return for                                 
                  the taxable year 1994 is due to fraud.                                                 
                  On November 21, 1996, the Court served its notice setting                              
            this case for trial at the Court's April 28, 1997, Tampa,                                    
            Florida, trial session.  The notice setting the case for trial,                              
            in pertinent part, states:  “YOUR FAILURE TO APPEAR MAY RESULT IN                            
            DISMISSAL OF THE CASE AND ENTRY OF DECISION AGAINST YOU.  * * *                              
            YOUR FAILURE TO COOPERATE MAY ALSO RESULT IN DISMISSAL OF THE                                
            CASE AND ENTRY OF DECISION AGAINST YOU.”                                                     
                  On December 9, 1996, the Court filed respondent's motion for                           
            judgment on the pleadings, in which respondent moved, "pursuant                              
            to the provisions of Tax Court Rule 120", for "an adjudication of                            
            this case in respondent's favor, based upon the respondent's                                 
            pleadings as deemed admitted."  On December 12, 1996, the Court                              
            ordered petitioner to file, on or before January 10, 1997, a                                 
            response to respondent's motion.  The Court has never received a                             
            response from petitioner to respondent's motion.                                             





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