- 8 -
Thus, we are satisfied that the additions to tax for fraud for
the years in issue should be sustained by the entry of a default
against petitioner pursuant to Rule 123(a).5
To reflect the foregoing,
An appropriate order will be
issued, and decision will be
entered for respondent.
5 We are mindful of the decision of the U.S. Court of Appeals
for the Third Circuit, to which an appeal of this case would lie,
in Estate of Spear v. Commissioner, 41 F.3d 103 (3d Cir. 1994),
revg. T.C. Memo. 1993-213. However, the situation in Estate of
Spear and that of this case are wholly dissimilar. Petitioner
has simply failed to participate in the preparation for, or trial
of, his case before us.
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