- 5 - (z) A part of each deficiency in income tax for the taxable years 1985, 1986 and 1987, is due to fraud with intent to evade taxes. By notice dated October 10, 1996, the Court set this case for trial at the Columbus, Ohio, trial session beginning on March 17, 1997. This notice specifically stated that "YOUR FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CASE AND ENTRY OF DECISION AGAINST YOU." On November 7, 1996, petitioner's counsel filed a motion to withdraw their representation of petitioner. That motion recites that "Petitioner has instructed counsel not to sign the Decision Entry previously agreed to between Petitioner and District Counsel." This case was called at the Court's trial session in Columbus, Ohio, on March 17, 1997. Petitioner did not appear, file a pretrial memorandum, or request a continuance. At that time, respondent filed the motion for judgment by default pursuant to the provisions of Rule 123(a). Discussion Rule 123(a) provides that if any party fails to plead or otherwise proceed as provided by the Rules or as required by the Court, that party may be held in default on the motion of the other party. Smith v. Commissioner, 91 T.C. 1049, 1056 (1988), affd. 926 F.2d 1470 (6th Cir. 1991). The action or nonaction on the part of a taxpayer that constitutes sufficient grounds to apply Rule 123(a) in proceedings before us is a matter withinPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011