Kenneth Lee Anderson and Carol Jane - Page 13




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          petitioners' course of conduct in asserting frivolous and                   
          groundless arguments.                                                       
               Following issuance of that opinion and the order that                  
          accompanied it, petitioners have gone to ground and have not been           
          heard from since.  They have not responded to respondent's Third            
          Request for Admissions or to either of respondent's motions.                
          This has been in the face of the Court's repeated orders to                 
          respond to respondent's filings and to the Court's order to                 
          furnish their current address.  Petitioners' failures to notify             
          the Court of their changes of address are in violation of the Tax           
          Court's Rules of Practice and Procedure, see Rule 34(b)(7), and             
          the Court's order of March 23, 1999.  Petitioners did not appear            
          at the call of the calendar for their case at the June 7, 1999,             
          commencement of the Court's San Diego trial session.                        
               In contrast to petitioners' affirmative misconduct during              
          the first phase of this case, leading to the Court's prior                  
          opinion and accompanying order, petitioners thereafter, during              
          the second phase of this case, have been guilty of nonfeasance--            
          passive inactivity--that has nevertheless required the                      
          expenditure of administrative and judicial resources to dispose             
          of the case.  These costs would not have been incurred if                   
          petitioners had simply conceded the remaining issues and signed a           
          decision document that respondent would have been happy to                  
          prepare.  On the other hand, if petitioners had provided                    





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