Carolyn M. Fankhanel - Page 27

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          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 to              




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