- 13 - petitioners' course of conduct in asserting frivolous and groundless arguments. Following issuance of that opinion and the order that accompanied it, petitioners have gone to ground and have not been heard from since. They have not responded to respondent's Third Request for Admissions or to either of respondent's motions. This has been in the face of the Court's repeated orders to respond to respondent's filings and to the Court's order to furnish their current address. Petitioners' failures to notify the Court of their changes of address are in violation of the Tax Court's Rules of Practice and Procedure, see Rule 34(b)(7), and the Court's order of March 23, 1999. Petitioners did not appear at the call of the calendar for their case at the June 7, 1999, commencement of the Court's San Diego trial session. In contrast to petitioners' affirmative misconduct during the first phase of this case, leading to the Court's prior opinion and accompanying order, petitioners thereafter, during the second phase of this case, have been guilty of nonfeasance-- passive inactivity--that has nevertheless required the expenditure of administrative and judicial resources to dispose of the case. These costs would not have been incurred if petitioners had simply conceded the remaining issues and signed a decision document that respondent would have been happy to prepare. On the other hand, if petitioners had providedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011