Carolyn Webb - Page 17

                                       - 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

Last modified: May 25, 2011