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                                 T.C. Memo. 2008-29                                   


                               UNITED STATES TAX COURT                                


                            NICHOLAS MACK, Petitioner v.                              
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      
                             NICOLAS MACK, Petitioner v.                              
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket Nos. 446-06, 26301-06.   Filed February 13, 2008.               


               Nicholas Mack, pro se.                                                 
               Mark J. Miller, for respondent.                                        


                                 MEMORANDUM OPINION                                   

               GERBER, Judge:  By order dated May 21, 2007, these                     
          deficiency cases were scheduled for trial on September 24, 2007,            
          at Milwaukee, Wisconsin.  In each case, respondent moved at trial           
          for a dismissal for failure to properly prosecute and for the               







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