- 6 - indeed, received this Court's order calendaring for a hearing respondent's motion to dismiss for failure to prosecute. On July 5, 1994, respondent sent petitioners a letter reminding them of the hearing and again requesting the needed substantiation documents. Petitioner promised, yet again, to mail the necessary documentation. No documents were received by the date of the hearing on respondent's motion to dismiss for failure to properly prosecute. Discussion In light of the record in this case, the Court finds that petitioners have clearly indicated by their conduct and the overall record in this case that they no longer wish to contest any issue involved in this case. Petitioners have the burden of proof as to the deficiencies and additions to tax at issue. It is well established that this Court can dismiss a case against a party if that party fails to follow our Rules or otherwise fails to properly prosecute his or her case. Ducommun v. Commissioner, 732 F.2d 752 (10th Cir. 1983). Rule 123(b) provides for the dismissal of a case when a taxpayer fails to prosecute his or her case, fails to comply with the Court's Rules or any order of the Court, or for any cause which the Court deems sufficient. Smith v. Commissioner, 91 T.C. 1049 (1988), affd. 926 F.2d 1470 (6th Cir. 1991); Basic Bible Church v. Commis- sioner, 86 T.C. 110, 112 (1986). Dismissal of a case is aPage: Previous 1 2 3 4 5 6 7 Next
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