Joseph J. and Eileen H. Lipari - Page 7




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          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 for               






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