- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011