- 14 - section 7430, to which we give expression through our Rules, simply does not justify a waiver of Rule 162 in this instance.8 D. Impact on the Judicial Process We think that the Court has an interest in this matter that petitioners do not recognize. The Court has an interest in fostering respect for the judicial process and accomplishing orderly disposition of its workload. In part, the Court seeks to foster respect for the judicial process through the evenhanded enforcement of its Rules, which are designed to secure the just, speedy, and inexpensive determination of every case. See Rule 1(b); see also sec. 7453.9 If a party, in the pursuit of its own agenda, is permitted to disregard the procedures established by this Court, unfairness to others and disruption of the Court's processes occur. See Estate 8 We note that sec. 7430(b)(4) precludes an award of litigation costs with respect to any portion of the court proceeding during which the prevailing party has unreasonably protracted such proceeding. It is apparent, therefore, that the statute itself does not excuse intentional delay by a taxpayer. 9 Cf. Commissioner v. Estate of Long, 304 F.2d 136, 144 (9th Cir. 1962) (quoting and adopting Commissioner v. Erie Forge Co., 167 F.2d 71, 76 (3d Cir. 1948): "The Tax Court is authorized to determine whether its rules are complied with and where its decision of such questions is not shown to be clearly wrong it should not be disturbed.")Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011