- 305 - Moreover, the Court has disclosed the contents of a number of the disputed documents in this opinion. Considering all the facts and circumstances, we will lift the protective orders dated June 10 and 26, 1996. XI. Sanctions The Court has inherent power "to protect our own process from abuse, oppression, and injustice." Griffith v. Commissioner, T.C. Memo. 1988-123 (citing Gumbel v. Pitkin, 124 U.S. 131, 145-146 (1888), and Eash v. Riggins Trucking Inc., 757 F.2d 557 (3d Cir. 1985) (en banc)). Messrs. Sims' and McWade's misconduct in the trial of the test cases has caused a substantial delay in the resolution of Kersting project cases. Considering the unique circumstances of these cases, and the harm resulting from the Government misconduct in the trial of the test cases, we consider this is an appropriate occasion for the Court to impose limited sanctions against respondent under Rule 123(a). See Vermouth v. Commissioner, 88 T.C. 1488 (1987) (discussing and relying on United States v. Sumitomo Marine & Fire Ins. Co., 617 F.2d 1365 (9th Cir. 1980)); see also Betz v. Commissioner, 90 T.C. 816, 823 (1988). Respondent determined that Kersting program participants are liable for additions to tax for negligence under section 6653. For the taxable years 1981 through 1985, section 6653(a)(2) provides that the addition to tax for negligence includes a component equal to 50 percent of the interest due on thePage: Previous 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 Next
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