- 5 - any reason why the matters set forth in respondent's request for admissions should not be deemed admitted pursuant to Rule 90(c). Petitioner did not appear when her case was called at the instant trial session in Philadelphia, Pennsylvania, on May 18, 1998. Respondent appeared through counsel and filed a motion to dismiss for lack of prosecution. Respondent's motion appeared meritorious; nevertheless, the Court ordered the case to be recalled on the following day to "give petitioner another opportunity to appear". On the following day, petitioner did not appear initially when her case was called, and the Court orally granted respondent's motion to dismiss for lack of prosecution. Shortly thereafter, petitioner appeared and asked the Court to vacate the dismissal of her case. She stated that she had prepared a delinquent return for 1992, one of the 2 years in issue, that showed an overpayment of $1,545.63. Petitioner did not proffer a return for 1993, but she represented that "the same is true [i.e., that there is an overpayment] * * * with respect to 1993." She asked the Court to allow her "to file the returns and have the Internal Revenue examine them and make sure that they are accurate." Petitioner also claimed to havePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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