Donald G. Ford - Page 9

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          petitioner did not have a guardian or anyone with power of                  
          attorney or any authority to represent his interests.                       
               Respondent requested a letter verifying the above, but no              
          letter was provided to respondent.  Rule 60(d) provides that,               
          absent a duly appointed representative to represent an                      
          incompetent taxpayer’s interest in the Tax Court, the incompetent           
          person may act by a next friend or by a guardian ad litem.  See             
          Campos v. Commissioner, T.C. Memo. 2003-193.  There is no                   
          indication in the record that petitioner or his son has tried to            
          appoint a guardian or to have anyone act as next friend.                    
               Petitioner failed to file status reports in response to                
          Court orders dated October 1, 2003, and July 14, 2004.  The July            
          14, 2004, Order warned petitioner that failure to “respond to               
          this order without good cause shown may result in dismissal of              
          this case.”  Petitioner did not file a response to respondent’s             
          Motion For Default And Entry Of Decision, as ordered by the Court           
          on September 15, 2004.  The Court’s September 15, 2004, order               
          warned petitioner that “failure to file a response could result             
          in respondent’s motion being granted and decision entered against           
          petitioner.”                                                                
                                     Discussion                                       
               If a party fails to plead or otherwise proceed as provided             
          by the Rules or as required by the Court, that party may be held            
          in default on the motion of the other party or on the initiative            






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