Wayne E. and Dorothy E. Wells - Page 11

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               On May 5, 1994, petitioners filed a frivolous Motion To                
          Dismiss.  This motion is 23 pages in length and, as are most of             
          petitioners' filings, replete with tax protester arguments.                 
               Also on May 5, 1994, petitioners retained an attorney to               
          represent them in this case.  Petitioners' counsel subsequently             
          informed respondent's counsel that he would be requesting a                 
          continuance because he did not have enough time to fully prepare            
          the case before the May 23, 1994, trial date.                               
               Petitioners filed their Motion For Continuance on May 11,              
          1994.  Petitioners represented that "Counsel for Petitioners                
          believes that a realistic prospect of settlement exists if the              
          continuance is granted, thereby potentially obviating the need              
          for any trial".  Based on the representations of petitioners'               
          counsel, respondent's counsel did not object to the continuance.            
          Respondent's counsel, however, did inform petitioners' counsel              
          that if there were no progress on the case by mid-July,                     
          respondent's counsel would file a motion for summary judgment               
          relying on the requested admissions that had been deemed                    
          admitted.                                                                   
               On May 18, 1994, petitioners sent respondent their responses           
          to respondent's Request for Admissions.  Petitioners also                   
          attempted to file those responses with the Court.  The document             
          was not filed by the Court and was returned to petitioners as               
          untimely.  Petitioners did not at this time seek to be relieved             
          of the deemed admissions.  The Court's transmittal letter                   




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