- 17 - arguments in two other instances when he appeared as a party before this Court. We granted respondent's motion to dismiss for lack of prosecution with respect to the case involving petitioner's tax years 1984 through 1988, Webb v. Commissioner, T.C. Memo. 1993-283, vacated and remanded in part 28 F.3d 111 (9th Cir. 1994). In that case, we also imposed a $5,000 penalty against petitioner pursuant to section 6673(a). Id. In a later case, involving the 1989 tax year, we imposed a $10,000 penalty on petitioner for asserting similar frivolous tax protester arguments. Webb v. Commissioner, T.C. Memo. 1993-521, affd. 46 F.3d 1149 (9th Cir. 1995). Petitioners failed to cooperate in preparing this case for trial.10 They did not pursue available administrative remedies nor comply with attempts by respondent's Appeals Division and respondent's counsel, either to settle this case or to stipulate all facts to the extent possible, as required by the Court's 10 Prior to trial, respondent moved to dismiss petitioners' claim pursuant to Rule 123(b), because of their noncooperation. We declined respondent's motion based on Carolyn Webb's assertion that she was not a California resident for part of the tax years in issue. However, pursuant to Rule 123(b), we may decide against petitioners with respect to any issue as to which petitioners have the burden of proof, and such decision shall be treated as a dismissal for purposes of Rule 123(d). Accordingly, we treated respondent's motion to dismiss for failure to properly prosecute as a motion in limine, and precluded all evidence except for that pertaining to Carolyn Webb's place of residence during the years in issue. With respect to all other issues in this case, and taking into account respondent's concessions, we found that the facts and evidence set forth in respondent's proposed stipulation were deemed established for purposes of these cases. See Rule 91(f)(3).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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