Larry D. Bowen Family Found. - Page 12




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               We also note that petitioner has failed to prosecute                   
          properly its case.1  Petitioner failed to file a brief, as                  
          ordered by the Court and required by Rule 151, and it has failed            
          to explain its failure to do so.  We have previously treated such           
          inaction by a party as an abandonment of those issues not                   
          addressed.  See Calcutt v. Commissioner, 84 T.C. 716, 721 (1985).           
          We also have held that the failure to file a brief may justify              
          the dismissal of all issues as to which a taxpayer has the burden           
          of proof.  See Stringer v. Commissioner, 84 T.C. 693, 708 (1985),           
          affd. without published opinion 789 F.2d 917 (4th Cir. 1986).               
               We sustain respondent's determination.                                 
                                                  Decision will be entered            
                                             for respondent.                          








               1 Petitioner's representative, Mr. Tully, is no stranger to            
          litigation.  He has filed cases in this Court on at least 3 prior           
          occasions, see Tully v. Commissioner, Order of this Court dated             
          Jan. 8, 1998, dismissing the case for failure to prosecute,                 
          vacated and remanded with unpublished opinion 164 F.3d 631 (9th             
          Cir. 1998), with instructions to dismiss petition for lack of               
          jurisdiction; Tully v. Commissioner, T.C. Memo. 1997-310, on                
          appeal (9th Cir., July 29, 1997); Oliver Family Found. v.                   
          Commissioner, T.C. Memo. 1997-220, he has or is prosecuting the             
          appeal of two of these cases before the Court of Appeals for the            
          Ninth Circuit, and he prosecuted one case before a California               
          district court, see Tully v. Kaply, 81 A.F.T.R.2d 98-2125 (C.D.             
          Cal. 1998).                                                                 




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