- 5 - response to the Court's request that he provide specific evidence regarding the matters raised by respondent, petitioner refused, stating: I stand on the documentation that I have provided this Court that there are no implementing Federal regulations in title 26 for enforcement actions against me. I stand on that. That is all I have to say to this Court. Respondent then filed the instant motion for summary judgment pursuant to Rule 121. This case was recalled 2 days later. Petitioner's oral motion to dismiss was denied. Petitioner's original and supplemental responses to the show cause order were determined to be unresponsive and, thus, not in compliance with that order and Rule 91. Consequently, respondent's proposed stipulations of fact were accepted as established for purposes of this case. Rule 91(f); Marcus v. Commissioner, 70 T.C. 562, 573 (1978), affd. without published opinion 621 F.2d 439 (5th Cir. 1980). Additionally, petitioner's original and supplemental responses to respondent's requests for admission were determined to offer neither sufficient answers nor justified objections to any matters contained in the requested admissions. Consequently, the requested admissions were deemed admitted for purposes of this case. Rule 90(c); Marshall v. Commissioner, 85 T.C. 267, 272 (1985). The Court then inquired of petitioner whether he had any other evidence to submit or factual matters to dispute. Petitioner responded in the negative. Consequently, the Court vacated the scheduled trial and granted petitioner 30 days toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011