- 27 - and the case was continued. Petitioner was ordered to file a status report no later than December 1, 1996. Petitioner failed to file the required report. On December 9, 1996, petitioner was again ordered to file a status report due no later than January 27, 1997. She was also ordered to show cause why her case should not be dismissed on account of her failure properly to prosecute and why the Court should not sanction her for failure to comply with orders of the Court. Petitioner had not complied with our December 9, 1996, order by January 2, 1997, the date on which petitioner filed for bankruptcy (causing us to order all proceedings automatically stayed because of 11 U.S.C. sec. 362(a)(8) (1994)). The Government moved in bankruptcy court for relief from the automatic stay in order that this case could continue in this Court. Petitioner objected and sought sanctions and damages against the Government. The bankruptcy court recited the Government’s position as follows: “In sum, the Government contends this is nothing more than a two-party dispute which is already pending before the Tax Court”. The bankruptcy court granted the Government’s motion and lifted the stay on March 25, 1997. The bankruptcy court said that petitioner’s contentions were “without merit concerning her right to have her tax liability determined by this Court.” Petitioner’s motion for sanctions was denied with prejudice, the bankruptcy court stating: “[T]here is not a scintilla of evidence presented toPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011