Diesel Country Truck Stop, Inc. - Page 36




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          $60,000”, and an automobile expense deduction of $15,220,                   
          conceding the remaining $14,657 of that issue.                              
               We have the power to treat as a default petitioner’s failure           
          to comply with the Court’s rules and our specific oral directive.           
          See Stringer v. Commissioner, 84 T.C. 693, 704-708 (1985), affd.            
          without published opinion 789 F.2d 917 (4th Cir. 1986).  However,           
          petitioner’s actions have not been as egregious as those of the             
          taxpayers and their counsel in Stringer.  Also, we must recognize           
          petitioner’s pro se status; Steve was not a lawyer.  Accordingly            
          we shall not default petitioner on these deductions.                        
               However, petitioner’s complete omission of this matter from            
          its opening brief has had the effect of preventing respondent               
          from replying to petitioner’s contentions.                                  
               We conclude that, in the circumstances of the instant case,            
          we shall not dismiss petitioner on the issue of business expense            
          deductions--rather, we shall treat petitioner as having                     
          conclusively admitted the correctness of respondent’s proposed              
          findings of fact bearing on the business expense deductions,                
          except to the extent that petitioner’s statements in its                    
          answering brief are clearly inconsistent therewith, in which                
          event we have resolved the inconsistencies based on our                     
          understanding of the record as a whole.  See Estate of Jung v.              
          Commissioner, 101 T.C. 412, 413 n.2 (1993).                                 








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