- 5 -
were already stricken from the petition and the amended petition.
Respondent filed motions for a protective order, and this Court
granted the motions on June 16, 1999.
On December 6, 1999, respondent filed his trial memorandum
wherein respondent conceded that petitioner had no capital gains
in 1994. Respondent based his concession on information received
pursuant to a subpoena duces tecum establishing petitioner’s
basis in the property sold.
Although there were no remaining issues in the case,
petitioner refused to sign a decision document. On December 6,
1999, at the calendar call of this case, petitioner failed to
make an appearance. Respondent filed a motion for entry of
decision and a motion to impose a penalty under section 6673.
Discussion
After the amended petition in its entirety and the majority
of the petition were stricken, the only issue remaining was
whether petitioner had a long-term capital gain of $6,971 in
1994. In his trial memorandum and at the calendar call,
respondent conceded that issue. Accordingly, we shall grant
respondent’s motion for entry of decision.
Pursuant to section 6673, this Court may impose a penalty
not in excess of $25,000 whenever it appears to the Court that
the taxpayer has instituted or maintained the proceedings
primarily for delay or the taxpayer’s position in such
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011