- 12 - 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Order of this Court dated Jan. 8, 1998, dismissing the case for failure to prosecute, vacated and remanded with unpublished opinion 164 F.3d 631 (9th Cir. 1998), with instructions to dismiss petition for lack of jurisdiction; Tully v. Commissioner, T.C. Memo. 1997-310, on appeal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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
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