Larry Brown - Page 16

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          failure to comply with the Court's April 9, 1997, discovery                 
          order.                                                                      
               Rule 104(c) provides as follows:                                       
                    (c) Sanctions:  If a party or an officer,                         
               director, or managing agent of a party or a person                     
               designated in accordance with Rule 74(b), 75(c), or                    
               81(c) fails to obey an order made by the Court with                    
               respect to the provisions of Rule 71, 72, 73, 74, 75,                  
               76, 81, 82, 83, 84, or 90, then the Court may make such                
               orders as to the failure as are just, and among others                 
               the following:                                                         
                         (1) An order that the matter regarding which                 
                    the order was made or any other designated facts                  
                    shall be taken to be established for the purposes                 
                    of the case in accordance with the claim of the                   
                    party obtaining the order.                                        
                         (2) An order refusing to allow the                           
                    disobedient party to support or oppose designated                 
                    claims or defenses, or prohibiting such party from                
                    introducing designated matters in evidence.                       
                         (3) An order striking out pleadings or parts                 
                    thereof, or staying further proceedings until the                 
                    order is obeyed, or dismissing the case or any                    
                    part thereof, or rendering a judgment by default                  
                    against the disobedient party.                                    
                         (4) In lieu of the foregoing orders or in                    
                    addition thereto, the Court may treat as a                        
                    contempt of the Court the failure to obey any such                
                    order, and the Court may also require the party                   
                    failing to obey the order * * * to pay the                        
                    reasonable expenses, including counsel's fees,                    
                    caused by the failure * * *                                       
               Our Rule 104(c) is based upon rule 37(b)(2) of the Federal             
          Rules of Civil Procedure (FRCP).  Dusha v. Commissioner, 82 T.C.            
          592, 598 (1984); Note to Rule 104(c), 60 T.C. 1124 (1973).  Rule            
          104(c) and FRCP 37(b)(2) prescribe various sanctions for a                  






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