John G. Jones - Page 9




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          case is a sanction resting in the discretion of the trial court.            
          See Levy v. Commissioner, 87 T.C. 794, 803 (1986).                          
               As set forth above, petitioner has consistently failed to              
          cooperate with respondent or the Court in an attempt to either              
          reach a settlement or to prepare properly for trial.                        
          Petitioner's tactics of delay and failure to cooperate have made            
          it impossible for respondent to conduct negotiations or otherwise           
          proceed with this case.                                                     
               Accordingly, we grant respondent's motion to dismiss for               
          failure to properly prosecute and deny petitioner's motion to               
          continue.  Therefore, respondent prevails on the remaining issues           
          and the accuracy-related penalty.                                           
                                                  An appropriate order and            
                                             decision will be entered.                























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