Denson C. and Linda C. Brumley - Page 3

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          appropriate sanctions for noncompliance.  The Court received                
          respondent’s trial memorandum on January 28, 1998.  Petitioners’            
          counsel did not submit a trial memorandum.                                  
               The case was called from the calendar on Monday, February 9,           
          1998.  Counsel for petitioners and respondent appeared and were             
          heard.  The parties reported that no basis of settlement was                
          reached and no stipulation of facts had been agreed to and                  
          signed.  Respondent stated that he had no contact with Mr.                  
          Tijerina and had not received a trial memorandum from petitioners           
          and orally moved that this case be dismissed.  Respondent did not           
          state the grounds for his motion.  Mr. Tijerina made no objection           
          to respondent’s oral motion.  Counsel for petitioners stated that           
          he would meet with respondent’s representatives in an attempt to            
          settle the case, and, in the event the case was not settled,                
          petitioners would be ready for trial on Wednesday, February 11,             
          1998.                                                                       
               The case was recalled for trial on Wednesday, February 11,             
          1998.  Counsel appeared and offered a bare bones stipulation of             
          facts into evidence with two exhibits; namely, petitioners’ 1994            
          Federal income tax return and the notice of deficiency.  The                
          stipulation of facts, together with exhibits, was received into             
          evidence.  Respondent’s trial memorandum, received in Washington,           
          D.C., on January 28, 1998, was also filed at trial.  Respondent             
          did not pursue his oral motion to dismiss.  Respondent then                 





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