James R. Downey - Page 7

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          overpayment.  During the conference call, petitioner confirmed              
          that he had not retained counsel or produced any documentation to           
          respondent concerning his 2000 income or expenses.                          
               On March 14, 2005, we received a document from petitioner              
          entitled “MOTION FOR REDETERMINATION OF ZERO”, which we filed on            
          that date as petitioner’s Motion for Entry of Decision.  In the             
          motion, petitioner alleges that on February 9, 2005, he had                 
          submitted a Federal income tax return for 2000 to respondent that           
          “documented petitioner’s position in discovery of W-2 errors and            
          correcting the record regarding said W-2 errors concluding with a           
          zero tax liability.”  By order dated March 16, 2005, we denied              
          petitioner’s motion.                                                        
                                     Discussion                                       
               The Court may dismiss a case at any time and enter a                   
          decision against the taxpayer for failure properly to prosecute             
          his case, failure to comply with the Rules of the Court or any              
          order of the Court, or for any cause that the Court deems                   
          sufficient.  Rule 123(b).  Dismissal is appropriate where the               
          taxpayer’s failure to comply with the Court’s Rules and orders is           
          due to willfulness, bad faith, or fault.  Dusha v. Commissioner,            
          82 T.C. 592, 599 (1984).  In addition, the Court may dismiss a              
          case for lack of prosecution if the taxpayer inexcusably fails to           
          appear at trial and does not otherwise participate in the                   
          resolution of his claim.  Rule 149(a); Rollercade, Inc. v.                  






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