- 7 - Impose Sanctions. By order of May 16, 2000, the Court granted the motion and prohibited petitioners from offering into evidence (1) any facts which petitioners should have provided in response to respondent’s second set of interrogatories, and (2) any documents covered by respondent’s second request for production of documents which petitioners had failed to produce. This order further provided that the admissions for which respondent sought review of petitioners’ responses were deemed admitted. June 2000 Trial Session The trial in this case was rescheduled for a date and time certain of June 5, 2000, at 2 p.m. At the calendar call for the trial session held on the morning of June 5, respondent filed a Motion to Dismiss for Lack of Prosecution and a Motion for Penalty Under I.R.C. Section 6673(a)(1). Not only were petitioners absent at the trial session calendar call, petitioners also failed to appear when their case was called for trial later that day. After noting petitioners’ absence when their case was called for trial, the Court orally granted respondent’s motion to dismiss for lack of prosecution. The Court then took respondent’s motion for imposition of a section 6673 penalty under advisement. Discussion Section 6673(a)(1) authorizes this Court to penalize a taxpayer who institutes or maintains a proceeding primarily forPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011