- 12 - disclosing the requested information. Petitioner has completely failed to establish its entitlement to tax-exempt status. We also note that petitioner has failed to prosecute its case properly.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. See also Larry D. Bowen Family Found. v. Commissioner, T.C. Memo. 1999-149, wherein we reached the same result based on an administrative record that was virtually identical to the administrative record at hand; as 1 Petitioner's representative, Mr. Tully, is no stranger to litigation. He has filed cases in this Court on at least three prior occasions, see Tully v. Commissioner, an Order of this Court dated Jan. 8, 1998 (dismissing the case for failure to prosecute), vacated and remanded without published 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 prosecuted 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 Federal District Court, see Tully v. Kaply, 81 AFTR 2d 98-2125 (C.D. Cal. 1998).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011