Wayne E. and Dorothy E. Wells - Page 4

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               The case was set for trial on May 23, 1994.  Petitioners               
          were served with the Court's Standing Pre-Trial Order on December           
          22, 1993.  This order advised petitioners to begin discussions              
          with respondent as soon as practicable for purposes of settlement           
          and/or preparation of a stipulation of facts.                               
               In January 1994, respondent attempted to confer informally             
          with petitioners in order to clarify the issues involved, and to            
          develop and stipulate where possible the pertinent facts.  By               
          letter dated January 20, 1994, respondent suggested that                    
          petitioners meet with respondent's counsel on February 1, 1994,             
          or at a more convenient time, to discuss the case.  Attached to             
          this letter was a proposed stipulation of facts and copies of               
          pertinent Tax Court Rules.                                                  
               Petitioners failed to respond in any way to the January 20,            
          1994, letter.  By letter dated February 16, 1994, respondent                
          informed petitioners that due to their failure to appear for the            
          scheduled meeting or to arrange another meeting date, respondent            
          would proceed with discovery under the assumption petitioners               
          would not abide by the Tax Court Rules.  This letter also                   
          informed petitioners they would be receiving a request for                  
          admissions shortly, and warned petitioners of sanctions the Tax             
          Court could impose for failure to respond to the request.                   
          Petitioners did not respond to this letter.                                 
               Respondent then served petitioners with a Request for                  
          Admissions on March 8, 1994, pursuant to Rule 90.  The request              




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