Kenneth E. Bixler - Page 7

                                        - 7 -                                         
          expenses that might offset gross income; and (3) he is liable for           
          self-employment tax.                                                        
               Also prior to trial, respondent filed a Motion to Compel               
          Production of Documents.  The motion was based on a Request for             
          Production of Documents previously served on petitioner and with            
          which petitioner had not complied.5  The Court granted                      
          respondent's motion to compel and ordered petitioner to produce,            
          by a date certain, those documents requested in respondent's                
          request for production.  The Court also advised petitioner as               
          follows:                                                                    
               in the event petitioner does not fully comply with the                 
               provisions of this Order, the Court will be inclined to                
               impose sanctions pursuant to Rule 104, Tax Court Rules                 
               of Practice and Procedure, which may include dismissal                 
               of this case and entry of a decision against                           
               petitioner.                                                            
          The Court also reminded petitioner of the applicability of the              
          Court's Standing Pre-trial Order that had previously been served            
          on him.                                                                     
               Petitioner did not comply with the Court's aforementioned              
          Order.                                                                      
          Developments at Trial                                                       

          5 Before serving formal discovery on petitioner, respondent                 
          had attempted to schedule a Branerton conference with petitioner            
          as required by Rule 70(a)(1).  See Branerton v. Commissioner, 61            
          T.C. 691 (1974).  At that time, respondent identified arguments             
          made in the petition that were frivolous, advised petitioner of             
          the provisions of sec. 6673, and enclosed copies of two recent              
          cases in which the Court had imposed a penalty against the                  
          taxpayers pursuant to that section.  Petitioner declined                    
          respondent's invitation to participate in a Branerton conference.           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011