Larry Brown - Page 22

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          Petitioner's bankruptcy petition under Chapter 13 of the United             
          States Bankruptcy Code was dismissed with prejudice by the                  
          Bankruptcy Court on May 16, 1996, approximately 7 months before             
          Notice of Trial (December 19, 1996), and approximately one year             
          before the trial date (May 19, 1997).  But petitioner has made no           
          showing of any attempt on his part to retrieve the Partnership              
          records, so his lack of records, if such is indeed the case, is             
          of his own doing and cannot serve as an excuse to justify the               
          predicament in which he now claims to find himself.                         
               In light of the foregoing, we shall grant respondent's                 
          motion to impose sanctions under Rule 104(c).  We conclude that             
          dismissal of this case for failure to heed a specific discovery             
          order of this Court, although a harsh sanction, is nonetheless              
          appropriate under Rule 104(c)(3), and we so hold.  See, e.g.,               
          Miller v. Commissioner, 741 F.2d 198 (8th Cir. 1984), affg. per             
          curiam an order of dismissal and decision of this Court;                    
          Steinbrecher v. Commissioner, 712 F.2d 195 (5th Cir. 1983), affg.           
          T.C. Memo. 1983-12.  A decision will be entered which provides              
          that there are due from petitioner deficiencies in income tax and           
          accuracy-related penalties under section 6662(a) in the amounts             
          determined by respondent for the taxable years 1992 and 1993.               
               To reflect the foregoing,                                              
                                             An appropriate order                     








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