Larry Brown - Page 18

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          a partial response to a court's discovery order.  See National              
          Hockey League v. Metropolitan Hockey Club, Inc., 427 U.S. 639               
          (1976); see also Dusha v. Commissioner, supra at 604 ("If the               
          standard of Societe Internationale is met * * *, token minimal              
          compliance will not bar the sanction of dismissal.")                        
               The United States Court of Appeals for the Fourth Circuit,             
          to which the dismissal of this case would be appealable, barring            
          agreement to the contrary, has formulated prerequisites for                 
          dismissal of a case under Rule 104(c)(3).                                   
               According to the Court of Appeals for the Fourth Circuit, a            
          court must consider a list of four factors: (1) Whether the                 
          noncomplying party acted in bad faith; (2) the amount of                    
          prejudice the noncompliance caused the adversary; (3) the need              
          for deterring the particular type of noncompliance; and (4) the             
          efficacy of less drastic sanctions.  Hillig v. Commissioner, 916            
          F.2d 171, 174 (4th Cir. 1990), vacating T.C. Memo. 1989-476;                
          Mutual Fed. Sav. & Loan Association v. Richards & Associates, 872           
          F.2d 88, 92 (4th Cir. 1989).                                                
               First, we are convinced that petitioner has acted willfully            
          and in bad faith by his noncompliance and misrepresentations to             
          the Court.  Cf. Hillig v. Commissioner, supra at 174-175.  Our              
          Rules of Practice and Procedure and our orders mean exactly what            
          they say, and we intend that they be heeded.  Rosenfeld v.                  
          Commissioner, supra at 111; Odend'hal v. Commissioner, 75 T.C.              






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