Suzanne F. Mottola - Page 5

                                        - 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 have                







Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011