Ernest Newton - Page 7

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          Commissioner, 91 T.C. 1049, 1056 (1988), affd. 926 F.2d 1470 (6th           
          Cir. 1991).  The action or nonaction on the part of a taxpayer              
          that constitutes sufficient grounds to apply Rule 123(a) in                 
          proceedings before us is a matter within this Court's discretion.           
          Id.                                                                         
               Petitioner's failure to proceed with prosecution of his                
          case, despite the Court's warning in its notice setting this case           
          for trial, its pretrial order, and the Order to Show Cause dated            
          May 15, 1998, constitutes sufficient grounds for the entry of a             
          default judgment against him.  Accordingly, we shall sustain                
          respondent's determinations as to the deficiencies and the                  
          additions to tax pursuant to sections 6651(a)(1) and 6654 on the            
          ground that petitioner either defaulted or simply failed to carry           
          his burden of proof.2  See, e.g., Smith v. Commissioner, supra at           
          1052.                                                                       
               Respondent also determined that petitioner is liable for an            
          addition to tax for fraudulent failure to file for 1991 and the             
          fraud penalty for 1992 and 1993.  Entry of a default decision as            
          to the addition to tax for fraud and the fraud penalty is                   
          appropriate if the pleadings set forth sufficient facts which               

               2  We note that, among other things, respondent determined             
          the following:  (1) Petitioner is entitled to $97,710.12 for cost           
          of goods sold in 1991; (2) petitioner is entitled to an                     
          additional $19,881.06 and $1,041.16 for cost of goods sold in               
          1992 and 1993, respectively; and (3) petitioner is entitled to              
          deduct $11,700, $22,360, and $22,360 for subcontract and employee           
          expenses in 1991, 1992, and 1993, respectively.                             




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